European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1477.html
Cite as: [2011] ECHR 1477
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THIRD SECTION
DECISION
Application no.
41774/05
by Markus LAUBERT
against Romania
The European Court of Human Rights (Third Section), sitting on 6 September 2011 as a Committee composed of:
Egbert
Myjer,
President,
Luis
López Guerra,
Mihai
Poalelungi,
judges,
and
Marialena Tsirli,
Deputy Section
Registrar,
Having regard to the above application lodged on 14 November 2005,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Markus Laubert, is a German national who was born in 1972; his last known address was in Heilbronn. The Romanian Government (“the Government”) were represented by their Agent, Mr Răzvan-Horaţiu Radu, from the Ministry of Foreign Affairs. The German Government had not made use of their right to intervene under Article 36 of the Convention.
The applicant raised complaints under Articles 3, 5 and 6 of the Convention in relation with criminal proceedings against him and with his detention in Romania. The complaint under Article 3 concerning the material conditions of his detention in Romania from 13 October 2005 until 13 June 2007, when he was returned to Germany, was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his observations in reply. The applicant did not reply to the Registry’s letter.
By two letters dated 14 February and 29 April 2011, sent by registered post, the applicant was notified that the period allowed for submission of his observations and claims for just satisfaction had expired on 14 January 2011 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 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. The applicant did not respond to either letter.
THE LAW
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.
Marialena Tsirli Egbert Myjer
Deputy
Registrar President