FOURTH SECTION
DECISION
Application no. 12038/16
Safet MUSAGIĆ
against Romania
The European Court of Human Rights (Fourth Section), sitting on 13 November 2018 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Egidijus Kūris,
Iulia Antoanella Motoc, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 22 February 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Safet Musagić, is a Serbian national, who was born in 1952 and is detained in Zenica. He was represented before the Court by Mr G. Bonciu, a lawyer practising in Bucharest.
2. The applicant’s complaints concerning the inadequate conditions of his detention, referring also to the lack of fire extinguishers and the lack of a system enabling the automatic opening of cells in the case of an earthquake, were communicated under Article 3 of the Convention to the Romanian Government (“the Government”), who were represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.
3. The applicant failed to respond to the Registry’s letter of 18 April 2018 (received by his representative on 2 May 2018), reminding him that the period allowed for submission of his observations in reply had expired on 2 March 2018 and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention.
THE LAW
4. 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.
Done in English and notified in writing on 6 December 2018.
Andrea TamiettiPaulo Pinto de Albuquerque
Deputy RegistrarPresident
Full & Egal Universal Law Academy