FOURTH SECTION
DECISION
Application no. 19406/15
Žydrūnas GROTUZAS
against Lithuania
The European Court of Human Rights (Fourth Section), sitting on 25 October 2018 as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 8 April 2015,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Žydrūnas Grotuzas, was born in 1978.
On 24 May 2018 the Court (Fourth Section), sitting as a Committee, decided to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention on the basis of a unilateral declaration submitted by the Lithuanian Government (“the Government”) acknowledging a violation of Article 3 of the Convention due to the inadequate conditions of the applicant’s detention and awarding him 5,670 euros (EUR) in respect of pecuniary and non-pecuniary damage and costs and expenses.
On 22 August 2018 the Court received a letter from the Government stating that they were unable to locate the applicant. The Government informed the Court that the applicant had been released from Vilnius Correctional Facility on 1 June 2017 and that on 6 March 2018 he had left Lithuania for Germany. He has not provided the Government with his current address. The Government also informed the Court that, according to the information of a public register, the applicant was not married and had no known close relatives.
At the time of lodging his application before the Court (8 April 2015), the applicant was detained in Vilnius Correctional Facility. The Court sent him letters by registered post to Vilnius Correctional Facility on 24 April 2015 (acknowledging the receipt of the application), 7 September 2017 (proposing a friendly settlement declaration), 14 February 2018 (enclosing a copy of the Government’s unilateral declaration) and 14 June 2018 (enclosing a copy of the Court’s decision to strike out the application). None of those letters were returned to the Court as undelivered. The applicant did not reply to any of the letters and he has not provided the Court with any other address.
THE LAW
In the light of the foregoing, the Court considers it justified to disjoin the application from the other applications to which it was joined and to restore the application to the Court’s list of cases in accordance with Rule 43 § 5 of the Rules of Court.
Having examined all the material before it, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued examination of the application.
Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to disjoin the application from the other applications to which it was joined;
Decides to restore the application to its list of cases;
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 15 November 2018.
Liv TigerstedtGeorges Ravarani
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy