FOURTH SECTION
DECISION
Application no. 17405/17
Johnny KUNZE
against Romania
The European Court of Human Rights (Fourth Section), sitting on 21 October 2021 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 23 February 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Johnny Kunze, was born in 1965.
The applicant’s complaints under Article 3 of the Convention and Article 3 of Protocol No. 1 to the Convention concerning conditions of his detention from 18 January 2014 to 17 August 2017 and the manner in which the courts had restricted his right to vote in the legislative elections of 2016 were communicated to the Romanian Government (“the Government”), who submitted 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.
On 18 January and 13 April 2021 the applicant was informed that he needed to appoint counsel or seek permission to represent himself in the proceedings before the Court.
By letter dated 3 September 2021, sent by registered post, the applicant was notified that the period allowed for finding counsel as well as the period allowed for submission of his observations had expired respectively on 4 and 18 August 2021, and that no extension of time had been requested. The applicant’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicant replied on 11 September 2021, but his letter contained no answer to the Court’s requests.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
Accordingly, the case should be struck 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 18 November 2021.
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Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President