THIRD SECTION
DECISION
Application no. 2329/13
Plamen Stoyanov DOLCHINKOV
against Slovakia
The European Court of Human Rights (Third Section), sitting on 5 June 2018 as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková,
Jolien Schukking, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 7 January 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Plamen Stoyanov Dolchinkov, is a Bulgarian national, who was born in 1971 and lives in Košice. He was represented before the Court by Ms Ľudmila Raffáčová, a lawyer practising in Košice.
The applicant’s complaints under Article 5 § 4 of the Convention were communicated to the Government of the Slovak Republic (“the Government”), who were represented by their Agent, Ms M. Pirošíková. At the same time, the Bulgarian Government were informed of the case and invited to exercise their right of intervention, to which invitation they have not responded (Article 36 § 1 of the Convention and Rule 44 § 1 of the Rules of Court).
The applicant was notified of the communication of the case and invited to submit his observations by a letter of 4 October 2017 sent to his representative’s address stated in the application form and to a different address of the representative indicated on the website of the Slovak Bar Association. The first letter was returned to the Court as undelivered. The second letter was delivered to the representative on 17 October 2017 according to the postal delivery note received by the Court on 24 October 2017. As the Court received no response, on 25 January 2018 another letter was sent to the applicant’s representative by registered post reminding her of the expiration of the period for submission of the observations and drawing her attention to Article 37 § 1 (a) of the Convention. According to the information on the website of Slovak post accessed on 10 April 2018, the letter was delivered to the applicant’s representative on 2 February 2018. No response has been received to date.
THE LAW
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.
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 28 June 2018.
Fatoş AracıDmitry Dedov
Deputy RegistrarPresident
Full & Egal Universal Law Academy