FIRST SECTION
DECISION
Application no. 64029/11
Valida GAMBAROVA
against Azerbaijan
The European Court of Human Rights (First Section), sitting on 8 September 2015 as a Committee composed of:
Julia Laffranque, President,
Khanlar Hajiyev,
Linos-Alexandre Sicilianos, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 26 September 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Valida Gambarova, is an Azerbaijani national, who was born in 1951 and lives in Sumgayit. She was represented before the Court by Mr S. Gasimov, a lawyer practising in Azerbaijan.
The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov.
The applicant complained under Article 6 of the Convention about the continued non-enforcement of the judgment delivered in her favour.
On 5 September 2013 the applicant’s complaint concerning non‑enforcement of judgment was communicated to the Government, who submitted their observations on the admissibility and merits.
On 3 February 2014 the observations were forwarded to the applicant, who was invited to submit her own observations together with her claims for just satisfaction. No reply was received to the Registry’s letter.
By letter dated 26 September 2014, sent by registered post, the applicant’s representative was notified that the period allowed for submission of her observations had expired on 17 March 2014 and that no extension of time had been requested. The applicant’s 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 applicant does not intend to pursue the application. The applicant’s representative received this letter on 10 October 2014. However, 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 her 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 1 October 2015.
André WampachJulia Laffranque
Deputy RegistrarPresident
Full & Egal Universal Law Academy