YILMAZ proti Turecku

SECOND SECTION

DECISION

Application no. 6924/21
Ömer YILMAZ
against Türkiye

The European Court of Human Rights (Second Section), sitting on 4 September 2025 as a Committee composed of:

Gediminas Sagatys, President,
Stéphane Pisani,
Juha Lavapuro, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 7 January 2021,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Ömer Yılmaz, was born in 1979. He was represented by Mr K.K. Lökoğlu, a lawyer practising in Osmaniye.

The applicant’s complaints under Article 8 of the Convention, concerning the electronic recording and storage of his private correspondence in the National Judicial Network System (UYAP) during his detention, were communicated to the Turkish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.

By letter dated 6 October 2023, sent by registered post, the applicant’s representative was notified that the period allowed for submission of the applicant’s observations had expired on 8 March 2023 and that no extension of time had been requested. The applicant’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. No response followed.

As no information was available on whether this letter had been received, the second warning letter was sent to the applicant’s representative on 28 February 2024. The letter was delivered on 9 March 2024, yet no response was received.

Finally, it has been noticed through different letters sent to the applicant’s representative by eComms (the Court’s Electronic Communications Service), that he has not downloaded them, nor activated his account. It has been decided, in the circumstances, to contact him simultaneously by registered post and by eComms. A letter, enclosing a copy of the previous undelivered correspondence and explaining how to use eComms, was sent to the applicant’s representative on 31 March 2025. The registered letter was delivered on 9 April 2025. No response has followed.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 25 September 2025.

Viktoriya Maradudina Gediminas Sagatys
Acting Deputy Registrar President