ENSAR NUR, TR724 STRASBOURG
Lawyer Kadir Öztürk shared a list of names whose cases have been struck off the records at the European Court of Human Rights (ECHR) due to the Turkish government’s failure to respond to their observations or seek fair compensation.
The failure or inability to follow up on applications to the ECHR continues to increase the deprivation of rights suffered. Cases of applicants who do not respond to the Court’s requests are struck off the records at the ECHR.
The striking off of cases means that the complaints of victims who have applied to Strasbourg because they did not receive their rights in Turkish courts will not be examined here either. Legal professionals are calling on lawyers and applicants to carefully monitor their cases.
In this context, lawyer Kadir Öztürk, who previously issued warnings, shared a list of 875 applications in a total of eight separate groups, complaining of the violation of “Freedom and Security Rights,” filed by individuals who were arrested on allegations of membership in FETO/PDY (Fethullahist Terrorist Organization/Parallel State Structure) following July 15, 2016, and marked the cases that were struck off the records.
The complaints of the applicants before the ECHR were notified to the Turkish Government in early 2021, and the Government stated its opinions regarding admissibility and merits. The Government’s opinions were communicated to the applicants through eComms in June 2022, and they were invited to respond with their own opinions.
However, in some applications, no response was received to the letter from the Registry. In these applications without a response, the applicants were informed by a letter sent by registered mail by the Court within October 2022, stating that the deadline given for them to present their opinions had expired on various dates. If it is concluded that the applicant has no intention of pursuing their case, the Court may strike off the application under Article 37 § 1 (a) of the Convention.
The rate of struck-off applications is quite high. Approximately 20% of the applications will not be examined by the Court. This means that 1 in 5 victims in the aforementioned cases has lost the chance to seek justice before the ECHR.