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You are here: BAILII >> Databases >> European Court of Human Rights >> Ilkay BAYIR v Turkey - 25164/07 [2010] ECHR 1692 (28 September 2010) URL: http://www.bailii.org/eu/cases/ECHR/2010/1692.html Cite as: [2010] ECHR 1692 |
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SECOND SECTION
DECISION
Application no.
25164/07
by İlkay BAYIR
against Turkey
The European Court of Human Rights (Second Section), sitting on 28 September 2010 as a Committee composed of:
Danutė
Jočienė,
President,
Nona
Tsotsoria,
Guido
Raimondi,
judges,
and
Françoise Elens-Passos, Deputy
Section Registrar,
Having regard to the above application lodged on 29 May 2007,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr İlkay Bayır, a Turkish national who was born in 1969 and lives in Balıkesir. He is represented before the Court by Mr V. Savaş, a lawyer practising in Ankara. The Turkish Government (“the Government”) were represented by their Agent.
Relying on Articles 6 § 1, 8 § 2, 13, 17 and 18 of the Convention the applicant complained that the written opinion of the principal public prosecutor submitted to the Supreme Military Administrative Court (“the SMAC”) during proceedings before this court had not been communicated to him; that he had access neither to the defence arguments nor to the confidential documents submitted by the administration to the SMAC; that the SMAC had lacked independence and impartiality on account of its composition; that no appeal laid against the decisions of the SMAC; that it had not been possible to know in advance which chamber of the SMAC would examine the case and that the president of the SMAC had the casting vote.
The application was communicated to the Government, who submitted their 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 12 April 2010, sent by registered post, the applicant's representative was notified that the period allowed for submission of the observations had expired on 18 January 2010 and that no extension of time had been requested. The applicant's representative's attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicant's representative received this letter on 16 April 2010. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Françoise Elens-Passos Danutė
Jočienė
Deputy Registrar President
