SECOND SECTION
DECISION
Application no. 4932/12
Violeta CHISILIŢA and Eduard GALUŞCEAC
against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 29 June 2023 as a Committee composed of:
Pauliine Koskelo, President,
Frédéric Krenc,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 6 January 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Ms Violeta Chisiliţa and Mr Eduard Galuşceac, are Moldovan nationals, who were born in 1976 and 1977, respectively, and live in Chișinău. They were represented by Mr C. Chisiliţa, a lawyer practising in Chișinău.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the alleged irregularity of the domestic court’s composition, a breach of the equality of arms principle, insufficiency of the reasons and lack of access to a court were communicated to the Moldovan Government (“the Government”).
On 30 November 2022 the Government submitted observations on the admissibility and merits of the application. The observations were forwarded to the applicants’ representative through the Court’s Electronic Communication Service (eComms) inviting him to submit the observations on behalf of the applicants. No reply was received to the Registry’s letter although both the letter and its annexes were downloaded.
By letter dated 21 February 2023, sent both through eComms and by post, the applicants’ representative was notified that the period allowed for submission of the observations on the applicants’ behalf had expired on 13 January 2023 and that no extension of time had been requested. The attention of the applicants’ representative 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 was downloaded from the eComms on 21 February 2023. No response has followed.
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 20 July 2023.
Viktoriya Maradudina Pauliine Koskelo
Acting Deputy Registrar President