FIFTH SECTION
DECISION
Application no. 3693/13
Makhare DARSALIA
against Georgia
The European Court of Human Rights (Fifth Section), sitting on 19 September 2017 as a Committee composed of:
Síofra O’Leary, President,
Nona Tsotsoria,
Lәtif Hüseynov, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above application lodged on 9 January 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Makhare Darsalia, is a Georgian national, who was born in 1978 and is detained in Tbilisi. He was represented before the Court by Mr T. Gogsadze, a lawyer practising in Georgia.
2. The applicant’s complaint under Article 3 of the Convention concerning his alleged ill-treatment during police custody was communicated to the Georgian Government (“the Government”) who were represented by their Agent, Mr L. Meskhoradze, of the Ministry of Justice.
3. The applicant failed to respond to the Registry’s last letter of 13 February 2017 (received by his representative on 26 February 2017), reminding him that the period allowed for submission of his observations in reply had expired on 8 December 2016 and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention.
THE LAW
4. 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.
5. 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 12 October 2017.
Anne-Marie DouginSíofra O’Leary
Acting Deputy RegistrarPresident
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