European Court of Human Rights

FIRST SECTION

DECISION

Application no. 49243/10
Adil YUSUBOV
against Azerbaijan

The European Court of Human Rights (First Section), sitting on 13 December 2011 as a Chamber composed of:

Nina Vajić, President,
Elisabeth Steiner,
Khanlar Hajiyev,
Mirjana Lazarova Trajkovska,
Julia Laffranque,
Linos-Alexandre Sicilianos,
Erik Møse, judges,
and Søren Nielsen, Section Registrar,

Having regard to the above application lodged on 16 August 2010,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Adil Yusubov, is an Azerbaijani national who was born in 1956 and lives in Baku. He is represented before the Court by Mr S. Muxtarov, a lawyer practising in Baku. The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov.

The applicant complained under Article 6 of the Convention that the decision of the Baku Court of Appeal refusing his application for release on health grounds was unlawful. Without invoking any provision of the Convention, the applicant complained of the authorities’ failure to ensure that he was provided with adequate medical treatment and about their refusal to release him.

The applicant’s complaints concerning the authorities’ alleged failure to ensure that he was provided with adequate medical treatment 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 observations in reply. No reply was received to the Court’s letter.

By letter dated 13 April 2011, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 1 March 2011 and that no extension of time-limit 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 27 April 2011. 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.

Søren Nielsen Nina Vajić
Registrar President