SECOND SECTION
DECISION
Application no. 38757/21
Anton MILAT
against Croatia
The European Court of Human Rights (Second Section), sitting on 12 October 2023 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 26 July 2021,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Anton Milat, was born in 1956. He was represented by Mr B. Čolić, a lawyer practising in Rijeka.
The applicant’s complaints concerning the failure to apply the prohibition of reformatio in peius under Article 6 § 1 of the Convention and about being hindered in lodging a legal remedy against one’s conviction under Article 2 § 1 of Protocol No. 7 were communicated to the Croatian 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.
By letter dated 3 July 2023, sent to the applicant’s representative through the Court’s Electronic Communications Service (eComms), the applicant was notified that the period allowed for submission of his observations had expired on 30 June 2023 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’s representative downloaded that letter on 3 July 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 16 November 2023.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President
Full & Egal Universal Law Academy