European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2008/373.html
Cite as: [2008] ECHR 373
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FOURTH SECTION
DECISION
Application no.
6892/04
by Eddie GEORGE
against the United Kingdom
The European Court of Human Rights (Fourth Section), sitting on 27 March 2008 as a Chamber composed of:
Lech
Garlicki,
President,
Nicolas
Bratza,
Giovanni
Bonello,
Ljiljana
Mijović,
Ján
Šikuta,
Päivi
Hirvelä,
Ledi
Bianku, judges,
and
Lawrence Early, Section
Registrar,
Having regard to the above application lodged on 11 February 2004,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Eddie George, is a British national who was born in 1965 and lives in London. The United Kingdom Government (“the Government”) were represented by their Agent, Mr D. Walton of the Foreign and Commonwealth Office, London.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 18 August 2003, the applicant was convicted in the Magistrates’ Court under section 172 of the Road Traffic Act 1988 for failing to give information about the driver of his car at the time of a suspected offence. He was found guilty and fined GBP 400 with GBP 100 costs. His licence was endorsed with three penalty points.
COMPLAINTS
The applicant complained under Article 6 §§ 1 and 2 of the Convention that he had been subject to compulsion to give incriminating evidence in violation of the right to remain silent and the privilege against self incrimination. He further complained that the fine imposed on him was arbitrary and excessive. Finally, he complained that no evidence was given to him disclosing an offence which required him to give information about the driver of his car at the material time.
THE LAW
On 6 July 2007, the Court wrote to the applicant and the Government requesting their comments in light of the Grand Chamber’s judgment in O’Halloran and Francis v. the United Kingdom [GC], nos. 15809/02 and 25624/02, ECHR 2007 ... before 10 September 2007.
The Government submitted their comments on 9 September 2007. No comments were received from the applicant.
A second letter was sent to the applicant by registered post on 25 September 2007 in which his 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.
On 22 October 2007 the applicant informed the Court that he wanted to withdraw the application.
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.
Lawrence Early Lech Garlicki
Registrar President