European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1523.html
Cite as: [2011] ECHR 1523
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THIRD SECTION
DECISION
Application no.
37256/07
by Ioan CARAMALAU
against Romania
The European Court of Human Rights (Third Section), sitting on 20 September 2011 as a Committee composed of:
Alvina
Gyulumyan, President,
Luis
López Guerra,
Nona
Tsotsoria, judges,
and
Marialena Tsirli,
Deputy Section
Registrar,
Having regard to the above application lodged on 6 August 2007,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Ioan Caramalau, is a Romanian national who was born in 1923 and lives in Galaţi. The Romanian Government (“the Government”) were represented by their Co-Agent, Ms I. Cambrea, from the Ministry of Foreign Affairs.
The applicant’s complaints under Articles 6 § 1 of the Convention and 1 of Protocol No. 1 were 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 own observations and just satisfaction claims. No reply was received to the Registry’s letter.
By letter dated 4 October 2010, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 30 September 2009 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 received this letter on 11 October 2010. However, no response has been received.
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 Alvina
Gyulumyan
Deputy Registrar President