European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1421.html
Cite as: [2011] ECHR 1421
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THIRD SECTION
DECISION
Application no.
4648/10
by Dušan BÍRO
against Slovakia
The European Court of Human Rights (Third Section), sitting on 6 September 2011 as a Committee composed of:
Ineta
Ziemele,
President,
Ján
Šikuta,
Kristina
Pardalos, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 28 April 2007,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Dušan Bíro, was a Slovak national who was born in 1951 and lived in Bratislava. The Government of the Slovak Republic (“the Government”) were represented by their Agent, Mrs M. Pirošíková.
The applicant complained under Article 6 § 1 of the Convention about unfairness and length of proceedings on judicial order concerning his psychiatric treatment which started on 23 December 2004. On 10 May 2006 the Constitutional Court found a violation of the applicant’s right to a fair trial, quashed the Bratislava Regional Court’s decision and remitted the case for further examination. It awarded the applicant the equivalent of 1,336 euros as just satisfaction. On 4 September 2008 and 10 December 2009 the Constitutional Court rejected the applicant’s fresh complaints.
The applicant also invoked Articles 13 and 14 of the Convention, Article 3 of Protocol No. 7 and Article 1 of Protocol No. 12.
Both the applicant and the Government submitted friendly settlement declarations which were signed on 23 May 2010 and 31 March 2011 respectively.
By letter of 31 May 2011 the Government informed the Registry that the applicant had died on 16 April 2011 and submitted a copy of the applicant’s death certificate.
The Court has received no information indicating that the applicant’s heirs or next of kin wish to pursue the application in the applicant’s stead.
THE LAW
In the light of the foregoing, the Court concludes that 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.
Marialena Tsirli Ineta Ziemele
Deputy Registrar President