THIRD SECTION
DECISION
Application no. 50086/20
E.B.
against Serbia
The European Court of Human Rights (Third Section), sitting on 19 December 2024 as a Committee composed of:
Oddný Mjöll Arnardóttir, President,
Úna Ní Raifeartaigh,
Mateja Đurović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 6 November 2020,
Having regard to the decision to grant the applicant anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms E.B., was born in 1976. She was represented by the Belgrade Centre for Human Rights, a non‑governmental organisation based in Belgrade, and its lawyers, Mr V. Raičević and Ms A. Trifunović.
The applicant’s complaints under Articles 5 and 14 of the Convention and Article 2 of Protocol No. 4 to the Convention, in connection with measures adopted by the Serbian authorities during the Covid-19 pandemic concerning temporary restriction on freedom of movement of refugees, asylum seekers and migrants in asylum and reception centres, were communicated to the Serbian Government (“the Government”).
On 4 October 2024 the Registry sent a letter to the applicant’s representatives requesting them to inform the Court whether they maintained contact with the applicant and whether she wished to pursue her application.
On 29 October 2024 the representatives informed the Court that the last contact they had with the applicant had been several months ago and that it had not been re-established since.
THE LAW
The Court reiterates that an applicant’s representative must not only supply a power of attorney or written authority (Rule 45 § 3 of the Rules of Court) but that it is also important that contact between the applicant and his or her representative be maintained throughout the proceedings. Such contact is essential both in order to learn more about the applicant’s particular situation and to confirm the applicant’s continuing interest in pursuing the examination of his or her application (see V.M. and Others v. Belgium [GC], no. 60125/11, § 35, 17 November 2016).
In the present case, the Court observes that the applicant did not maintain contact with her representatives and failed to keep them informed of her whereabouts or to provide them with means of contact. Accordingly, it considers that it can conclude on that basis that the applicant has lost interest in the proceedings and no longer intends to pursue the application, within the meaning of Article 37 § 1 (a) of the Convention (see V.M. and Others, cited above, § 36).
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the 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 23 January 2025.
Viktoriya Maradudina Oddný Mjöll Arnardóttir
Acting Deputy Registrar President