FIFTH SECTION
DECISION
Application no. 1213/11
Elman Damir oglu DAMIROV and Akif Damir oglu DAMIROV
against Azerbaijan
The European Court of Human Rights (Fifth Section), sitting on 29 August 2019 as a Committee composed of:
Yonko Grozev, President,
Ganna Yudkivska,
André Potocki, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 15 December 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr E. D. Damirov and Mr A. D. Damirov, were brothers. In their application form, they had indicated the same postal address for both of them and they had not appointed a representative in the proceedings before the Court.
The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention and Articles 6 and 13 of the Convention, concerning the alleged unlawfulness of expropriation of their property and the alleged unfairness of the domestic civil proceedings, were communicated to the Azerbaijani Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their observations in reply. However, no response was received to the Registry’s letter.
By letter dated 24 July 2018, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 8 June 2018 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 an application out of its list of cases where the circumstances lead to the conclusion that the applicants do not intend to pursue the application. The Court’s letter was returned by the postal service as undeliverable, with a note stating that the addressee was deceased.
While it is not clear who of the applicants died, the remaining applicant has not provided any information about the death of his brother or about a change of address where he could be contacted.
THE LAW
In the light of the foregoing, the Court concludes that the remaining applicant and any heirs of the deceased applicant may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued 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 19 September 2019.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
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