THIRD SECTION
DECISION
Application no. 44697/09
Ilo MUKBANIANI
against Georgia
The European Court of Human Rights (Third Section), sitting on 17 September 2013 as a Committee composed of:
Luis López Guerra, President,
Nona Tsotsoria,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 5 August 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Ilo Mukbaniani, is a Georgian national, who was born in 1981 and lives in Tbilisi. He was represented before the Court by Mr Zurab Rostiashvili, a lawyer practising in Tbilisi.
2. The Georgian Government (“the Government”) were represented by their Agent, Mr Levan Meskhoradze of the Ministry of Justice.
3. On 10 February 2010 the Court gave notice to the Government of the applicant’s complaint under Article 3 of the Convention concerning the alleged lack of adequate medical treatment for his various medical conditions in prison.
4. On 19 April 2013 the Government informed the Court that the applicant had been granted early release on the basis of the Amnesty Act of 21 December 2012.
5. Taking into account his early release from prison, on 29 April 2013 the Court requested the applicant’s representative, by a letter sent by registered post, to clarify whether his client still wished to maintain his application. The representative was warned that his failure to reply may lead the Court to strike the case out of its list of cases.
6. The applicant’s representative received this letter on 7 May 2013; no reply has been received by the Court to date.
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.
Marialena TsirliLuis López Guerra
Deputy RegistrarPresident
Full & Egal Universal Law Academy