FOURTH SECTION
DECISION
Application no. 3763/14
Emil DIMCEA
against Romania
The European Court of Human Rights (Fourth Section), sitting on 27 September 2018 as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 27 January 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Emil Dimcea, was born in 1977.
He was represented before the Court by Mr I. P. Demeter, residing in Satu Mare.
The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Romanian Government (“the Government”), who submitted observations on the admissibility and merits.
By a letter dated 9 March 2018, sent by registered post, the applicant’s representative was invited to inform the Court about any developments in the proceedings at domestic level since his last correspondence dated 30 July 2015 and to confirm that the applicant wished to maintain his application lodged with the Court. His 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 applicant does not intend to pursue the application. The applicant’s representative received this letter on 20 March 2018. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the 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 18 October 2018.
Liv TigerstedtGeorges Ravarani
Acting Deputy RegistrarPresident
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