European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 25951/03
by Selami Ali DZHEHRI
against Bulgaria

The European Court of Human Rights (Fifth Section), sitting on 20 January 2009 as a Chamber composed of:

Peer Lorenzen, President,
Rait Maruste,
Karel Jungwiert,
Renate Jaeger,
Mark Villiger,
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva, judges,
and Claudia Westerdiek, Section Registrar,

Having regard to the above application lodged on 5 August 2003,

Having regard to the partial decision of 25 September 2007,

Having regard to the correspondence with the parties,

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Selami Ali Dzhehri, is a Turkish national born in 1960 and living in Ankara. He is represented before the Court by Mr P. Grozev, a lawyer practising in Sofia. The Bulgarian Government (“the Government”) are represented by their Agent, Ms M. Dimova, of the Ministry of Justice.

The applicant complained under Article 1 of Protocol No. 1 to the Convention that the Bulgarian authorities had forfeited the entire amount which he had not declared when crossing the Serbo Bulgarian border.

By letter dated 16 April 2008 the Government’s observations were sent to the applicant’s representative, who was requested to submit, by 11 June 2008, observations in reply, together with any claims for just satisfaction. By further letter, dated 24 September 2008 and sent by registered post, his attention was drawn to the fact that the time limit for submitting such observations and claims had expired on 11 June 2008, and that no extension of time had been requested. The applicant’s representative received this letter on 2 October 2008. No response has been received.

THE LAW

The Court finds that, in the circumstances, the applicant may be regarded as no longer intending to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. As the Court sees no special circumstances regarding respect for human rights which require the continued examination of the case, it considers it appropriate to strike the application out of its list of cases.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Claudia Westerdiek Peer Lorenzen
Registrar President