THIRD SECTION
DECISION
Application no. 63605/09
Iulius Vivant DUȚU and Lăcrămioara DUȚU
against Romania
The European Court of Human Rights (Third Section), sitting on 23 September 2014 as a Committee composed of:
Dragoljub Popović, President,
Luis López Guerra,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 13 November 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Iulius Vivant Duțu and Ms Lăcrămioara Duțu, are Romanian nationals, who were born in 1963 and 1965 respectively and live in Galați. They were represented before the Court by Mr D. R. Artene, a lawyer practising in Galați.
The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.
The applicants complained under Article 6 § 1 of the Convention about the length of criminal proceedings in which they were involved.
This complaint was communicated to the Government, who submitted their proposal to secure the case by way of friendly settlement alongside a declaration of friendly settlement. The proposal and declaration were forwarded to the applicants’ representative, who was invited to submit their position. No reply was received to the Registry’s letter.
By letter dated 17 December 2013, sent by registered post, the applicants’ representative was notified that the period allowed for submission of their position on the friendly settlement proposal had expired on 23 October 2013 and that no extension of time had been requested. The applicants’ representative’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicants do not intend to pursue the application. The applicants’ representative received this letter on 9 January 2014. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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.
Marialena TsirliDragoljub Popović
Deputy RegistrarPresident
Full & Egal Universal Law Academy