European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/457.html
Cite as: [2011] ECHR 457
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FIFTH SECTION
DECISION
Application no.
31705/06
by Franko REPEZZA
against Slovenia
The European Court of Human Rights (Fifth Section), sitting on 22 February 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 July 2006,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Franko Repezza, a Slovenian national who was born in 1960 and lives in Solkan. He is represented before the Court by Ms N. Bolčar, a lawyer practising in Solkan. The Slovenian Government (“the Government”) were represented by their Agent.
The applicant complained under Article 6 § 1 of the Convention about the length of criminal proceedings and under Article 13 about lack of an effective remedy in this regard. The applicant also complained that his family life and his reputation had been seriously impaired because of the prolonged uncertainty as to his guilt.
The applicant’s complaints were communicated to the Government for information regarding the applicability of section 25 of the Act on the Protection of the Right to a Trial without Undue Delay (Zakon o varstvu pravice do sojenja brez nepotrebnega odlašanja, Official Journal, No. 49/2006). On 28 September 2010 the Government replied and also informed the Court that the State Attorney’s Office had paid the applicant compensation for his complaint regarding the length of proceedings. The Government’s reply was sent to the applicant’s representative for comments on 8 October 2010. No reply was received to the Registry’s letter.
By letter dated 6 December 2010, sent by registered post, the applicant’s representative was notified that the period allowed for submission of the comments had expired on 5 November 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 13 December 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