FIFTH SECTION
DECISION
Application no. 13533/10
Giorgi DUDASHVILI
against Georgia
The European Court of Human Rights (Fifth Section), sitting on 11 September 2018 as a Committee composed of:
Síofra O’Leary, President,
Lәtif Hüseynov,
Lado Chanturia, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above application lodged on 5 March 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Giorgi Dudashvili, is a Georgian national, who was born in 1990 and lives in Tbilisi. He was represented before the Court by Mr Sh. Khachapuridze, a lawyer practising in Tbilisi.
2. The application concerned, under Article 3 of the Convention, the alleged absence of medical care for certain health issues (colitis and a renal infection) of the applicant who had been serving a prison sentence from 16 November 2007. On 3 January 2012 it was communicated to the Georgian Government (“the Government”) who were represented by their Agent, Mr L. Meskhoradze, of the Ministry of Justice.
3. After having been informed by the Government of the applicant’s early release granted on the basis of an amnesty law on 29 January 2013, on 29 April 2013 the Court requested the applicant to indicate, by 20 May 2013, whether, in the light of the latest development, he still wished to maintain his application. The applicant was further reminded of his procedural obligation to keep the Court informed of all major developments regarding his pending case. The Court’s letter was duly served on the applicant’s representative on 15 May 2013, but no reply followed.
4. By a letter of 16 April 2018, the Court requested the representative to confirm his client’s interest towards the proceedings and to update it of any important factual developments that might have occurred since the Court’s last correspondence. However, the letter was returned to the Registry of the Court undelivered as the addressee had not been found.
5. Thus, the applicant has not kept any contact with the Court since July 2012.
THE LAW
6. 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.
7. 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 4 October 2018.
Milan BlaškoSíofra O’Leary
Deputy RegistrarPresident
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