FOURTH SECTION
DECISION
Application no. 29845/07
Davit ASSATIANI
against Georgia
The European Court of Human Rights (Fourth Section), sitting on 14 September 2015 a Committee composed of:
Ledi Bianku, President,
Paul Mahoney,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 15 May 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Davit Assatiani, is a Georgian national, who was born in 1967 and lives in Tbilisi. He was represented before the Court by Ms Ts. Javakhishvili a lawyer practising in Tbilisi.
2. The Georgian Government (“the Government”) were represented by their Agent, Mr L. Meskhoradze, of the Ministry of Justice.
3. On 12 March 2013 the Court gave notice to the Government of the applicant’s complaint under Article 3 of the Convention concerning the alleged lack of adequate medical treatment for his various medical conditions in prison and a complaint under Article 6 § 2 of the Convention concerning the alleged breach of his presumption of innocence.
4. On 26 July 2013 the Government submitted their observations on the admissibility and merits of the current application. The observations were forwarded to the applicant’s representative, who was invited to submit by 10 September 2013 observations in reply. The deadline was subsequently extended until 10 June 2014. The relevant letter of the Court was served at the address of the applicant’s representative on 22 May 2014, however no reply followed.
5. By letter dated 10 September 2014, sent again by registered post, the applicant’s representative was notified that the period allowed for submission of the applicant’s observations had expired on 10 June 2014 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 16 September 2014. However, no response has been received.
THE LAW
6. 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.
Done in English and notified in writing on 8 October 2015.
Fatoş AracıLedi Bianku
Deputy RegistrarPresident
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