FIFTH SECTION
DECISION
Application no. 16446/09
Gela GORGODZE
against Georgia
The European Court of Human Rights (Fifth Section), sitting on 10 July 2018 as a Committee composed of:
Yonko Grozev, President,
Gabriele Kucsko-Stadlmayer,
Lado Chanturia, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above application lodged on 10 March 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Gela Gorgodze, is a Georgian national, who was born in 1969 and lives in Georgia.
The Georgian Government (“the Government”) were represented by their Agent, Mr Beka Dzamashvili, of the Ministry of Justice.
The applicant complained under Article 7 of the Convention concerning the domestic courts’ refusal to review his final sentence in view of the decriminalisation of an offence which constituted one of the grounds for his conviction.
On 7 December 2017 the Court decided to give notice to the Government of the applicant’s complaint detailed above.
On 27 April 2018 the Government submitted to the Court’s Registry their observations on the admissibility and merits of the application. These were forwarded to the applicant on 2 May 2018, sent to his address in prison where he was detained at the time of the application. He was invited to submit observations in reply by 13 June 2018.
On 11 May 2018 another letter addressed to the applicant on an earlier date was returned to the Court by post stating that the applicant had been released from prison in April 2016.
On 23 May 2018 the Registry’s letter of 2 May 2018 was re-sent to the applicant’s home address. On 15 June 2018 that letter was also returned to the Court due to the inability of the post office to locate the applicant at the indicated address.
The applicant has not, to date, updated the Court of his address and telephone number or otherwise resumed contact. In fact, the applicant has not contacted the Court since 19 May 2009.
THE LAW
The Court reiterates that under Rule 47 § 7 of the Rules of Court applicants shall keep the Court informed of any change of address and of all circumstances relevant to the application. The Court considers that the applicant’s failure to inform it about important developments, such as being released from prison and the subsequent change of his address, made it impossible for the Court to contact him regarding the developments in his case. It indicates that the applicant has lost interest in the complaint and 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 6 September 2018.
Milan BlaškoYonko Grozev
Deputy RegistrarPresident
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