European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/889.html
Cite as: [2011] ECHR 889
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THIRD SECTION
DECISION
Application no.
28747/06
by Ilie DICU
against Romania
The European Court of Human Rights (Third Section), sitting on 10 May 2011 as a Committee composed of:
Ján
Šikuta,
President,
Ineta
Ziemele,
Kristina
Pardalos,
judges,
and
Marialena Tsirli, Deputy
Section Registrar,
Having regard to the above application lodged on 10 July 2006,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Ilie Dicu, is a Romanian national who was born in 1957 and lives in Cluj-Napoca. The Romanian Government (“the Government”) were represented by their Agent, Mr Răzvan Horaţiu Radu, from the Ministry of Foreign Affairs.
The applicant’s complaint under Article 6 § 1 concerning the length of the criminal proceedings 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 own observations. The applicant did not reply to the Registry’s letter.
By two letters dated 13 October 2010 and 22 November 2010, sent by registered post, the applicant was notified that the period allowed for submission of the his observations and claims for just satisfaction had expired on 12 July 2010 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 letters remained unclaimed and 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 Ján Šikuta
Deputy
Registrar President