European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1626.html
Cite as: [2011] ECHR 1626
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FIFTH SECTION
DECISION
Application no.
15802/06
by Dejan SLEMENIK
against
Slovenia
The European Court of Human Rights (Fifth Section), sitting on 27 September 2011 as a Committee composed of:
Ganna
Yudkivska,
President,
Boštjan
M. Zupančič,
Angelika
Nußberger,
judges,
and Stephen
Phillips, Deputy
Section Registrar.
Having regard to the above application lodged on 24 March 2006,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Dejan Slemenik, is a Slovenian national who was born in 1977 and lives in Celje. He was represented before the Court by Ms N. Zidar Klemenčič, a lawyer practising in Ljubljana. The Slovenian Government (“the Government”) were represented by their Agent.
The applicant complained under Article 6 § 1 of the Convention about the excessive length of the criminal proceedings and under Article 13 of the Convention about the lack of an effective domestic remedy in that regard.
The applicant’s complaints 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. On 10 March 2010 the applicant’s representative informed the Court that she could not contact the applicant and asked for a time extention. The President of the Chamber granted until 9 April 2010 the time allowed for submission of the applicant’s observations. No observations or any request for a further time extention was received by that date.
By a letter dated 17 May 2010, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 9 April 2010 and that no extension of time had been requested. The applicant’s representative’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’s representative received this letter on 21 May 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.
Stephen Phillips Ganna
Yudkivska
Deputy Registrar President