SECOND SECTION
DECISION
Application no. 31185/08
Obrad JOSIFOVIĆ
against Serbia
The European Court of Human Rights (Second Section), sitting on 3 June 2021 as a Committee composed of:
Pauliine Koskelo, President,
Branko Lubarda,
Marko Bošnjak, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 11 June 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Obrad Josifović, was born in 1983 and lives in Belgrade. He was represented by Mr G. Otović, a lawyer practising in the same town.
The applicant’s complaints concerning the alleged divergent case-law of the domestic courts and the lack of fairness were communicated to the Serbian Government (“the Government”) under Article 6 of the Convention and the parties exchanged observations. The case was subsequently re-communicated to the Government and the parties were requested to submit further observations on the admissibility and merits of the case. The Government, who was represented by their Agent, Mr Z. Jadrijević Mladar, submitted their further observations.
Following an initial failure to institute the Court’s Electronic Communications Service (“eComms”), no reply was received to the Registry’s letter of 12 October 2020, requesting the applicant’s lawyer to submit written observations on behalf of the applicant. The applicant’s lawyer was exceptionally given an additional opportunity to submit observations until 29 March 2021 by the Registry’s letter dated 15 February 2021, reminding him that the original period allowed for submission of the observations had expired and that no extension of time had been requested. Moreover, his attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application 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 lawyer received this letter, which had been sent by registered post, on 6 March 2021. However, no response has followed.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
Accordingly, the case should be struck 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 24 June 2021.
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Viktoriya MaradudinaPauliine Koskelo
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy