FIFTH SECTION
DECISION
Application no. 69432/10
C.C.A. and OTHERS
against Sweden
The European Court of Human Rights (Fifth Section), sitting on 12 February 2013 as a Committee composed of:
Boštjan M. Zupančič, President,
Ann Power-Forde,
Helena Jäderblom, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 17 November 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, a family of six, are Iraqi nationals who were born in 1972, 1976, 2000, 2006, 2009 and 2009 respectively. They were represented before the Court by Ms A.-C. Bark, a lawyer practising in Stockholm. The Swedish Government (“the Government”) were represented by their Agent, Ms H. Lindquist, of the Ministry for Foreign Affairs.
The applicants complained under Articles 2 and 3 of the Convention about their deportation to Iraq.
The applicants’ complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.
By letter dated 7 November 2012, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 6 July 2012 and that no extension of time had been requested. The applicants’ 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 applicants do not intend to pursue the application. However, the registered letter remains unclaimed and, as with two previous letters sent to the applicants’ representative, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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.
Stephen PhillipsBoštjan M. Zupančič
Deputy RegistrarPresident
Full & Egal Universal Law Academy