European Court of Human Rights

THIRD SECTION

DECISION

Application no. 10547/06
Mikheil CHKHEIDZE
against Georgia

The European Court of Human Rights (Third Section), sitting on 24 January 2012 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 3 March 2006,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Mikheil Chkheidze, is a Georgian national who was born in 1985. He was represented before the Court by Mr Koba Kobakhidze, a lawyer practising in Tbilisi. The Georgian Government (“the Government”) were represented by their Agent, Mr Levan Meskhoradze of the Ministry of Justice.

On 25 May 2011 the Court gave notice to the Government of the applicant’s complaints under Articles 3 and 5 §§ 1 and 4 of the Convention concerning the alleged ill-treatment of the applicant by police officers, the prosecution authority’s failure to conduct an effective investigation in this regard, the alleged unlawfulness of his initial detention period and the speediness of the appeal proceedings respectively.

By a letter of 24 November 2011, the applicant requested the Court to strike his application out of its list of cases. He submitted that in May 2006 he had been released from prison and that he did not want to pursue his application any further. The Government have been informed of the applicant’s withdrawal request and did not object to it.

THE LAW

In the light of the foregoing, the Court considers that the matter has been resolved at the domestic level and that the applicant has no intention to pursue his application (Article 37 § 1 (a) and (b) 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