CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 17 octobre 2017

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s2EF17D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .sB9D5CABB { width:28.35pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s5F897A7E { margin-top:12pt; margin-left:14.2pt; margin-bottom:0pt } .s7E985A65 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; font-size:1pt } .sF7A4323 { margin-top:36pt; margin-bottom:0pt; text-align:left } .s5362FFEB { width:4.87pt; display:inline-block } .sC3D571B0 { width:197.1pt; display:inline-block } .sA2E62387 { width:204.97pt; display:inline-block } .s76CF415B { page-break-before:always; clear:both } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .s6B505E72 { margin:0pt; padding-left:0pt } .sA56BACAB { font-family:Arial; font-weight:bold; list-style-position:inside } .s13783063 { width:6.24pt; font:7pt 'Times New Roman'; display:inline-block } .s3537C2D6 { font-weight:normal }     SECOND SECTION DECISION Application no. 3214/05 Zikirye YILDIZ and others against Turkey The European Court of Human Rights (Second Section), sitting on 17   October 2017 as a Committee composed of:   Nebojša Vučinić, President,   Paul Lemmens,   Stéphanie Mourou-Vikström, judges, and Hasan Bakırcı, Deputy Section Registrar, Having regard to the above application lodged on 17 December 2004, Having regard to the partial decision of 8 April 2014, Having deliberated, decides as follows: FACTS AND PROCEDURE A list of the applicants is set out in the appendix. The applicants are Turkish nationals. They were represented before the Court by Mr F. Aktaş, a lawyer practicing in Diyarbakır. The applicants complained under Article 1 of Protocol No. 1 to the Convention about the non-application of the maximum interest rate as provided in Article 46 of the Constitution to their compensation awards for their de facto expropriated plots of land. On 17 December 2004 the applicants’ representative, Mr F. Aktaş, submitted an application form on their behalf and indicated his business address as his contact information. By letter dated 24 January 2005, sent by registered post, the applicants’ representative was reminded that he should inform the Court of any change in his address. On various dates between 2005 and 2014 five letters were sent to Mr   F.   Aktaş’s business address. The last letter received from the applicants’ representative was in 2008. By a letter dated 7 March 2017, sent by registered post, the applicants’ representative was asked to submit a document indicating the date on which the final domestic decision had been served on the applicants. On 30 March 2017 the postal services returned the letter to the Court indicating that it had not been delivered to the applicants’ representative on the ground that he had moved from the given address. No further information has been received from the applicants or their representative about any new correspondence address. THE LAW The Court considers that, in these circumstances, it is no longer justified to continue examination of the application, within the meaning of Article   37   §   1   (c) 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.   Done in English and notified in writing on 16 November 2017.   Hasan Bakırcı   Nebojša Vučinić Deputy Registrar   President Appendix     Zikirye YILDIZ who was born in 1982, lives in Diyarbakır     Nadiye ARAZ who was born in 1973, lives in Edirne     Abdülkerim YILDIZ who was born in 1966, lives in Edirne     Hacı YILDIZ who was born in 1958, lives in Diyarbakır     Hava YILDIZ who was born in 1934, lives in Diyarbakır     İbrahim YILDIZ who was born in 1969, lives in Diyarbakır     Mehmet YILDIZ who was born in 1963, lives in Elazığ     Nafiz YILDIZ who was born in 1971, lives in Diyarbakır