FOURTH SECTION
DECISION
Application no. 37701/08
Gela KIKILASHVILI and Fridon GURASHVILI
against Georgia
The European Court of Human Rights (Fourth Section), sitting on 14 April 2014 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 23 June 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicants, Mr Gela Kikilashvili and Mr Fridon Gurashvili, are Georgian nationals. They were represented before the Court by Mr I. Khatiashvili, a lawyer practising in Tbilisi. The Georgian Government (“the Government”) were represented by their Agent, Mr L. Meskhoradze of the Ministry of Justice.
2. On 14 January 2014 the Court gave notice to the Government of the applicants’ complaints under Articles 3 and 13 of the Convention concerning their alleged ill-treatment by police and the prosecution authorities’ failure to conduct an effective investigation in this regard.
3. On 20 May 2014 the Government submitted their observations on the admissibility and merits of the current applications. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.
4. By letter dated 10 September 2014, sent by registered post, the applicants’ representative was notified that the period allowed for submission of their observations had expired on 3 July 2014 and that no extension of time had been requested. The applicants’ 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 applicants do not intend to pursue the application.
5. The applicants’ representative received this letter on 15 September 2014. However, no response has been received.
THE LAW
6. The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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 7 May 2015.
Fatoş AracıLedi Bianku
Deputy RegistrarPresident
Full & Egal Universal Law Academy