FIFTH SECTION
DECISION
Application no. 68237/13
Sakit Mukhtar Ogly AMIRLI
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 21 January 2021 as a Committee composed of:
Ivana Jelić, President,
Ganna Yudkivska,
Arnfinn Bårdsen, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 14 October 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Sakit Mukhtar Ogly Amirli, was born in 1957.
The applicant’s complaints under Articles 3 and 6 of the Convention concerning the alleged police ill-treatment and lack of effective investigation of the relevant allegations, the conditions of detention and length of criminal proceedings against him were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant’s representative, Mrs L.A. Osnach, who was invited to submit the observations on behalf of the applicant. This letter returned to the Registry as wrongly addressed.
On 3 December 2019 the Registry contacted Mrs L.A. Osnach by telephone. She informed the Court that she had not notified her new address because she had lost contact with the applicant and no longer wished to represent him.
By letter sent by registered post on the same date to the applicant’s address he was notified that the period allowed for submission of his observations had expired on 28 November 2019 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 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.
The letter returned to the Registry as sent to the wrong address. The applicant did not inform the Registry of any other address at which he could be reached.
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.
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 11 February 2021.
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Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy