SECOND SECTION
DECISION
Application no. 46372/10
Eduard MALANCEA
against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 6 June 2019 as a Committee composed of:
Ivana Jelić, President,
Arnfinn Bårdsen,
Darian Pavli, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 2 August 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Eduard Malancea, was born in 1982.
The applicant was represented by Mr D. Chetraru, a lawyer practising in Chișinău.
The applicant’s complaint under Article 5 § 1 of the Convention, concerning his detention during three hours without a proper legal basis before its official registration, was communicated to the Moldovan Government (“the Government”). The parties submitted observations on the admissibility and merits.
On 12 January 2017 the parties were requested to submit further observations. The Government submitted such observations. However, the applicant failed to do the same.
By letter dated 9 February 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 4 May 2017 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 has not replied to this letter.
THE LAW
In the light of the foregoing, the Court concludes that the applicant does not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention.
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 27 June 2019.
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy