FIRST SECTION
DECISION
Application no. 77481/12
C.C.
against the United Kingdom
The European Court of Human Rights (First Section), sitting on 4 February 2020 as a Committee composed of:
Aleš Pejchal, President,
Tim Eicke,
Raffaele Sabato, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 30 November 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr C.C., is a British national, who was born in 1963 and lives in Bledlow. The President granted the applicant’s request for his identity not to be disclosed to the public (Rule 47 § 4).
2. The United Kingdom Government (“the Government”) were represented by their Agent, Mr C. Wickremasinghe of the Foreign and Commonwealth Office.
3. The applicant complained under Article 8 of the Convention about the retention and disclosure of information in his criminal record.
4. The applicant’s complaints under Article 8 were communicated to the Government, who submitted their observations on the admissibility and merits on 30 July 2015. The observations were forwarded to the applicant’s then legal representative, DWFM Beckman Solicitors, who were invited to submit a reply to the Government’s observations. On 25 November 2015 the Court received observations from the applicant, submitted on his behalf by Stephen Cragg QC of Doughty Street Chambers. On 17 February 2016 the Court received a letter from DWFM Beckman Solicitors confirming that they were no longer instructed by the applicant. In spite of requests by the Court, the applicant failed to submit a new form of authority.
5. On 10 May 2016, the Court decided to adjourn the case pending the final resolution of related domestic proceedings. On 14 May 2019, it discontinued the adjournment following delivery of the Supreme Court’s judgment in R (P and others) v. Secretary of State for the Home Department and others [2019] UKSC 3. The applicant was invited to submit further written submissions on the admissibility and merits of the case. No reply was received.
6. By letter dated 8 August 2019, sent by registered post, the applicant was notified that unless he provided further written observations and designated a new legal representative by 5 September 2019, the Court would conclude that he did not intend to pursue the application and it would therefore strike it out of its list of cases. The postal service confirmed that the letter was successfully delivered to the applicant at the address given. However, the Court did not receive a reply to the letter.
THE LAW
7. 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.
8. 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 27 February 2020.
Renata DegenerAleš Pejchal
Deputy RegistrarPresident
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