FIRST SECTION
DECISION
Application no. 47105/08
Gavrilo KOLECI
against Albania
The European Court of Human Rights (First Section), sitting on 30 August 2016 as a Committee composed of:
Aleš Pejchal, President,
Ledi Bianku,
Armen Harutyunyan, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 22 September 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Gavrilo (Gazmir) Koleci, is an Albanian national, who was born in 1978 and is currently serving a prison sentence in the Lezhë prison. He was represented before the Court by Mr A. Shehu, a lawyer practising in Tirana.
The Albanian Government (“the Government”) were represented by their Agent, Ms A. Hicka of the State Advocate’s Office.
The applicant complained under Article 6 § 1 of the Convention about the unfairness of the criminal proceedings in absentia.
The applicant’s complaint was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letter dated 18 December 2015, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 28 July 2015 and that no extension of that time-limit 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 Registry’s letter was delivered on 6 January 2016 and the postal receipt was signed by a person named M. Shehu. To date, the applicant’s representative has not replied to the Court’s correspondence.
THE LAW
The Court considers that, in the circumstances of the present case, as a result of the absence of any response, the applicant may be regarded as no longer wishing to pursue her 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 (see Bendžius v. Lithuania (striking out), no. 67506/01, §§ 11 and 12, 28 March 2006).
The present ruling is without prejudice to any decision the Court may take to restore the present application to its list of cases pursuant to Article 37 § 2 of the Convention.
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 22 September 2016.
Renata DegenerAleš Pejchal
Deputy RegistrarPresident
Full & Egal Universal Law Academy