FOURTH SECTION
DECISION
Application no. 4769/10
Alexander KHACHIROV
against Georgia
The European Court of Human Rights (Fourth Section), sitting on 25 August 2015 as a Committee composed of:
Ledi Bianku, President,
Paul Mahoney,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 15 January 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Alexander Khachirov, is a Georgian national, who was born in 1988 and was represented before the Court by Mr I. Khatiashvili, a lawyer practising in Tbilisi.
2. The Georgian Government (“the Government”) were represented by their Agent, Mr L. Meskhoradze, of the Ministry of Justice.
3. On 4 June 2013 the Court gave notice to the Government of the applicant’s complaint under Article 3 of the Convention concerning his alleged ill-treatment in prison and a complaint under Article 6 §§ 1 and 3 (d) of the Convention concerning the alleged unfairness of the criminal proceedings conducted against him.
4. After unsuccessful friendly settlement negotiations, on 24 April 2014 the Government submitted their observations on the admissibility and merits of the current application. The observations were forwarded to the applicant’s representative, who was invited to submit observations in reply by 10 June 2014. The deadline was extended to 30 June 2014, however, no response was received.
5. By letter dated 10 September 2014, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 30 June 2014 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 applicant’s representative received this letter on 15 September 2014. However, no response has been received since.
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 17 September 2015.
Fatoş AracıLedi Bianku
Deputy RegistrarPresident
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