FIFTH SECTION
DECISION
Application no. 69568/01
by Krasimir Tonev VELIKOV
against Bulgaria
The European Court of Human Rights (Fifth Section), sitting on 22 January 2007 as a Chamber composed of:
MrP. Lorenzen, President,
MrsS. Botoucharova,
MrK. Jungwiert,
MrV. Butkevych,
MrsM. Tsatsa-Nikolovska,
MrR. Maruste,
MrM. Villiger, judges,
and Mrs C. Westerdiek, Section Registrar,
Having regard to the above application lodged on 2 July 2000,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the correspondence with the parties,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Krasimir Tonev Velikov, is a Bulgarian national who was born in 1970 and lives in Russe. The respondent Government were represented by their agent Mrs M. Kotzeva, of the Ministry of Justice.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 29 December 1999 a prosecutor at the Byala District Prosecutor’s Office ordered the applicant’s compulsory examination by a psychiatrist.
By letter dated 11 January 2000 the State Psychiatric Hospital in Byala, the region of Russe, invited the applicant to undergo a psychiatric examination on 17 January 2000. The applicant, however, did not receive that letter before 20 January 2000.
On 21 January 2000 the applicant wrote to the psychiatric hospital explaining that he would not appear for examination before the cessation of all violations of his human rights by all state institutions.
On 31 January 2000 the Director of the hospital wrote to the District Prosecutor’s Office informing them that the applicant had not shown up and requested his arrest.
On 4 February 2000 the applicant was arrested by order of the District Prosecutor’s Office and brought to the hospital. The applicant protested.
On 7 February 2000 the applicant submitted a written protest to the hospital, insisting on his immediate release.
On 20 February 2000 the applicant was released from the hospital.
In March, June and July 2000 the applicant wrote letters to several levels of the prosecuting authorities and other institutions protesting against the violations of his rights and insisting on more information and copies of relevant documents related to his detention.
COMPLAINTS
The applicant complained, inter alia, that in 2000 he had been detained unlawfully and arbitrarily in a psychiatric clinic, that his requests to be released immediately had not been examined, that the conditions in the clinic had been inhuman and that upon his release he had endured inhuman hardship when trying to reach his home.
THE LAW
The applicant’s last communication to the Court is of 21 November 2001.
On 29 May 2006 the Court sent a letter to the applicant inviting him to reply to the Government’s observations. As no reply was received, on 14 September 2006 the Court sent, by registered mail with acknowledgement of receipt, a letter drawing the applicant’s attention to Article 37 § 1(a) of the Convention. The letter was returned with the mention that it had not been reclaimed.
In these circumstances, the Court finds that the applicant has lost interest in his application and does not intend to pursue it within the meaning of Article 37 § 1 (a) of the Convention, which provides as follows:
“The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that
(a) the applicant does not intend to pursue his application...”
Furthermore, the Court considers that respect for human rights as defined in the Convention and the protocols thereto does not require the continued examination of the application (Article 37 § 1 in fine).
Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and the application should be struck out of the Court’s list of cases in accordance with Article 37 § 1 (a) of the Convention.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia WESTERDIEKPeer LORENZEN
RegistrarPresident
Full & Egal Universal Law Academy