THIRD SECTION
DECISION
Application no. 57188/16
A.K.
against Serbia
The European Court of Human Rights (Third Section), sitting on 3 July 2025 as a Committee composed of:
Úna Ní Raifeartaigh, President
Mateja Đurović,
Vasilka Sancin, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 3 October 2016,
Having regard to the decision to grant the applicant anonymity under Rule 47 § 4 of the Rules of Court,
Having regard to the decision by the President of the Section to grant leave to intervene to the Hungarian Helsinki Committee,
Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, A.K., was born in 1979. He was represented by Mr N. Kovačević, a lawyer practising in Belgrade.
The applicant’s complaints under Articles 3 and 13 of the Convention concerning the risk of his possible forced return to North Macedonia and further chain refoulement were communicated to the Serbian Government (“the Government”).
On 15 January 2025 the Government informed the Court that on 4 May 2023 the applicant had been granted a temporary residence permit in Serbia on humanitarian grounds. The permit was valid until 24 January 2024. The applicant had not sought the prolongation of the permit, after it had expired, and had in fact left his last known residence in Serbia in May 2023.
The Government’s submissions were transmitted to the applicant’s representative through the Court’s Electronic Communication Service (eComms). He was invited to submit his comments, if any, until 17 February 2025. No comments were received.
On 28 April 2025 the Registry sent a letter to the applicant’s representative through eComms requesting him to inform the Court whether he maintained contact with the applicant and whether he wished to pursue his application. No reply was received to the Registry’s letter.
By a letter dated 16 May 2025, sent via eComms, the applicant’s representative was notified that the period allowed for submission of the requested information had expired 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 an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. No response has followed.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
Accordingly, the case should be struck out of the list. The interim measure previously indicated to the Government under Rule 39 in this application ceases to have any basis.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 28 August 2025.
Viktoriya Maradudina Úna Ní Raifeartaigh
Acting Deputy Registrar President