CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 19 mars 2020

.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 } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s490D418E { margin-top:14pt; margin-left:14.2pt; margin-bottom:3pt; text-align:justify; font-size:1pt } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sB9D5CABB { width:28.35pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s3AAE10DF { margin-top:14pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s3CA22BA { font-family:Arial; text-transform:uppercase } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s84651E4E { margin-top:14pt; margin-left:14.2pt; margin-bottom:3pt; text-align:justify } .s69DCC830 { margin-top:36pt; margin-bottom:0pt } .s354F7CEB { width:27.79pt; display:inline-block } .sF9FB9744 { width:162.44pt; display:inline-block } .sC30055DD { width:0.44pt; display:inline-block } .s9E436411 { width:138.09pt; display:inline-block }     SECOND SECTION DECISION Application no. 21099/07 Şerif GENÇ against Turkey   The European Court of Human Rights (Second Section), sitting on 19   March 2020 as a Committee composed of:   Ivana Jelić, President,   Arnfinn Bårdsen,   Darian Pavli, judges, and Liv Tigerstedt, Acting Deputy Section Registrar, Having regard to the above application lodged on 2   May 2007, Having deliberated, decides as follows: FACTS AND PROCEDURE The applicant, Mr Şerif Genç, was born in 1932. The applicant was represented by Mr M. Kızıl, a lawyer practising in Hatay. The applicant’s complaints under Article 1 of Protocol No. 1 to the Convention, concerning the rejection of the applicant’s claim for acquisition of a piece of land, which was designated as stream bed (“ dere yatağı ”) during the cadastral survey, by meeting statutory requirements of continuous possession pursuant to Article 713 of the Turkish Civil Code, as well as under Article 6 of the Convention, concerning the fairness of the proceedings, 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 17 October 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations   had expired on 6 June 2019 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. The applicant received this letter on 30   October 2019. However, no response has been received. 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 9 April 2020.   Liv Tigerstedt   Ivana Jelić   Acting Deputy Registrar   President