FOURTH SECTION
DECISION
Application no. 60255/08
Vasile Mugurel IENCIU
against Romania
The European Court of Human Rights (Fourth Section), sitting on 17 December 2015 as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Küris,
Gabriele Kucsko-Stadlmayer, judges
and Karen Reid, Section Registrar,
Having regard to the above application lodged on 4 December 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vasile Mugurel Ienciu, is a Romanian national, who was born in 1968 and lives in Oradea.
The Romanian Government (“the Government”) was represented by their Agent, Mrs C. Brumar, from the Ministry of Foreign Affairs.
The applicant complained under Article 6 § 1 of the Convention about the length of criminal proceedings in which he was 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 applicant, who was invited to submit his position. No reply was received to the Registry’s letter. The Government subsequently submitted a unilateral declaration and asked the Court to analyse whether the applicant intends to pursue his application.
By letter dated 9 September 2015, sent by registered post, the applicant was asked to submit his comments on the unilateral declaration by 7 October 2015. The applicant’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 applicant does not intend to pursue the application. The letter returned unclaimed and no response has been received.
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 14 January 2016.
Karen ReidVincent A. De Gaetano
RegistrarPresident
Full & Egal Universal Law Academy