FOURTH SECTION
DECISION
Application no. 2274/10
Ramaz GOGIA
against Georgia
The European Court of Human Rights (Fourth Section), sitting on 9 June 2015 as a Committee composed of:
Paul Mahoney, President,
Nona Tsotsoria,
Faris Vehabović, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 25 December 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Ramaz Gogia, is a Georgian national, who was born in 1973. He was represented before the Court by Mr V. Matcharashvili, a lawyer practising in Tbilisi. The Georgian Government (“the Government”) were represented by their Agent, Mr L. Meskhoradze of the Ministry of Justice.
2. On 23 September 2013 the Court gave notice to the Government of the applicant’s complaint under Article 3 of the Convention concerning his alleged ill-treatment by police and a complaint under Article 6 §§ 1 and 3 (d) of the Convention concerning the alleged unfairness of the criminal proceedings conducted against him.
3. On 14 February 2014 the Government submitted a friendly settlement proposal within the framework of the proceedings before the Court. On 18 February 2014 the Government’s proposal was forwarded to the applicant’s representative, who was invited to submit by 18 March 2014 his comments in reply. However, no reply was received to the Registry’s letter.
4. By letter of 23 May 2014, sent by registered mail, the Court again invited the applicant to indicate, by 13 June 2014, his position regarding the friendly settlement of the current case. His 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 the above letter on 30 May 2014. However, no reply followed.
5. On 11 March 2015 a copy of the Court’s letter of 23 May 2014 was additionally sent to the applicant’s home address. The letter was served on 17 March 2015. No response or further correspondence has since been received from either the applicant or his representative.
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.
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 2 July 2015.
Fatoş AracıPaul Mahoney
Deputy RegistrarPresident
Full & Egal Universal Law Academy