SECOND SECTION
DECISION
Application no. 54091/13
Besnik BRAKA
against Albania
The European Court of Human Rights (Second Section), sitting on 2 April 2019 as a Committee composed of:
Valeriu Griţco, President,
Ivana Jelić,
Darian Pavli, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 20 August 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Besnik Braka, is a stateless person, who was born in 1965 and lives in Elbasan.
The Albanian Government (“the Government”) were represented by their then Agent, Ms Alma Hicka, of the State’s Advocate’s Office.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the right of access to court, effective defence and length of proceedings were communicated to the Government on 19 January 2018. The Government submitted their observations on the admissibility and merits of the case on 29 May 2018.
On 24 January 2018 the applicant was advised that, according to Rule 36 §§ 2 and 4 of the Rules of the Court, he needed to be represented by an “advocate” before the Court at this stage of proceedings. On the same date he was invited to complete the authority form and to return it to the Court by 4 April 2018.
As the applicant’s authority form was not received by 4 April 2018, on 1 June 2018 the Registry sent a letter by registered mail to the applicant at his last known address, advising him that the failure to submit a reply to the Court’s letter by 2 July 2018 might result in the striking-out of the application in accordance with Article 37 § 1 (a) of the Convention.
Receipt of the Registry’s letter of 1 June 2018 was acknowledged by a person other than the applicant on 26 June 2018. The applicant failed to respond to this letter.
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.
The Court nevertheless reserves the right to restore the case to the list if a new situation arises capable of justifying such a course (see Trotto v. Italy, 3 December 1991, Series A no. 223‑E).
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 9 May 2019.
Hasan BakırcıValeriu Griţco
Deputy RegistrarPresident
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