THIRD SECTION
DECISION
Application no. 38277/10
Gocha JINTCHARADZE
against Georgia
The European Court of Human Rights (Third Section), sitting on 12 March 2013 as a Committee composed of:
Luis López Guerra, President,
Nona Tsotsoria,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 24 June 2010,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Gocha Jintcharadze, is a Georgian national, who was born in 1972 and lives in Tbilisi. He was represented before the Court by Mr Mamuka Nozadze, a lawyer practising in Gori. The Georgian Government (“the Government”) were represented by their Agent, Mr Levan Meskhoradze of the Ministry of Justice.
On 24 May 2012 the Court gave notice to the Government of the applicant’s complaint under Article 3 of the Convention concerning the allegedly inadequate medical treatment provided to him in prison. On 25 September 2012 the Government’s observations on the admissibility and merits were received. The observations were forwarded to the applicant, who was invited to submit by 8 November 2012 his own observations in reply, together with any claims for just satisfaction. No reply was received to the Registry’s letter.
By a letter dated 11 December 2012 the applicant’s representative was notified that the period allowed for submission of his observations had expired on 8 November 2012 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 above letter, sent by registered post, was served on the applicant’s representative on 20 December 2012, however, no reply or further correspondence has since been received from either the applicant or his representative.
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.
Marialena TsirliLuis López Guerra
Deputy RegistrarPresident
Full & Egal Universal Law Academy