FIFTH SECTION
DECISION
Application no. 43983/12
Lasha KHIMSHIASHVILI
against Georgia
The European Court of Human Rights (Fifth Section), sitting on 13 February 2018 as a Committee composed of:
Yonko Grozev, President,
Gabriele Kucsko-Stadlmayer,
Lado Chanturia, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above application lodged on 5 July 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Lasha Khimshiashvili, is a Georgian national, who was born in 1991 and is detained in the village of Nigazeuli, Shuakhevi Region, Georgia. He was represented before the Court by Mr P. Bolkvadze, a lawyer practising in Batumi.
2. The applicant’s complaints under Article 6 §§ 1 and 3 (d) of the Convention concerning the alleged unfairness of the criminal proceedings against him were communicated to the Georgian Government on 3 February 2017. The latter were represented by their Agent, Mr B. Dzamashvili, of the Ministry of Justice.
3. The applicant failed to respond to the Registry’s last letter of 15 November 2017 (received by his representative on 27 November 2017), reminding him that the period allowed for submission of his observations in reply had expired on 28 August 2017 and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention.
THE LAW
4. 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.
5. 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 8 March 2018.
Anne-Marie DouginYonko Grozev
Acting Deputy RegistrarPresident
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