FIFTH SECTION
DECISION
Application no. 7428/13
Radenko KUCURSKI
against Slovenia
The European Court of Human Rights (Fifth Section), sitting on 2 December 2014 as a Committee composed of:
Angelika Nußberger, President,
Boštjan M. Zupančič,
Vincent A. De Gaetano, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 21 January 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Radenko Kucurski, is a national of Bosnia and Herzegovina, who was born in 1983 and lives in Klagenfurt.
The Slovenian Government (“the Government”) were represented by their Agent, Mrs Nataša Pintar Gosenca.
The applicant complained under Article 3 of the Convention about the material conditions of detention in the remand section of Ljubljana Prison, about inadequate dental care and an alleged hunger strike, as well as under Article 13 of the Convention about the lack of an effective domestic remedy in that regard.
The case was communicated to the respondent Government.
The applicant indicated his present address in Slovenia (prison where he was held) and his permanent address in Austria. First, mails were sent to his present address in Slovenia. As the letter dated 5 June 2014, sent by registered post, was returned to the Court as the applicant was no longer held in the prison in Slovenia, further mails were sent to his permanent address in Austria.
By letter dated 23 July 2014, sent by registered post, the applicant was resent the letter dated 5 June 2014 and reminded that he should inform the Court of any change in his address. This letter was returned to the Court as the applicant was unknown at the address indicated as his permanent address in Austria. The applicant never informed the Court of any change in his address.
By letter dated 24 September 2014, sent by registered post, the applicant was notified that the period allowed for submission of claims for just satisfaction had expired on 4 September 2014 and that no extension of time had been requested. The date for submission of claims for just satisfaction was extended to 5 November 2014. The applicant’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. This letter was returned to the Court as the applicant was unknown at the address indicated as his permanent address in Austria. No response has been received by the applicant.
THE LAW
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.
Stephen PhillipsAngelika Nußberger
RegistrarPresident
Full & Egal Universal Law Academy