FIFTH SECTION
DECISION
Application no. 4200/19
Māris MARTINSONS
against Latvia
The European Court of Human Rights (Fifth Section), sitting on 14 September 2023 as a Committee composed of:
Carlo Ranzoni, President
Lado Chanturia,
María Elósegui, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 9 January 2019,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Māris Martinsons, was born in 1971.
The applicant was represented by Mr D. Vilemsons, a lawyer practising in Riga.
The applicant’s complaint under Article 5 § 4 of the Convention concerning the lack of access to the documents upon which his pre-trial detention had been based was communicated to the Latvian Government (“the Government”), who submitted observations on the admissibility and merits.
By letter dated 3 March 2023, sent through the Court’s Electronic Communication Service (eComms), the Government’s observations were forwarded to the applicant’s lawyer, who was invited to submit by 14 April 2023 the observations on behalf of the applicant, together with any claims for just satisfaction. The correspondence sent through eComms was downloaded by the applicant’s lawyer on 16 March 2023. However, no response followed.
By letter dated 25 April 2023, sent through eComms, the applicant’s lawyer was notified that the period allowed for submission of the observations had expired on 14 April 2023 and that no extension of time had been requested. His 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 letter sent through eComms was downloaded by the applicant’s lawyer on the same day (25 April 2023). No reply was received to that letter.
By letter dated 16 June 2023, sent by registered post, the applicant’s lawyer was informed that the Registry had not received any replies to the letters of 3 March and 25 April 2023. He was again notified 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’s lawyer received that letter on 29 June 2023. However, no response has followed.
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 5 October 2023.
Viktoriya Maradudina Carlo Ranzoni
Acting Deputy Registrar President