FOURTH SECTION
DECISION
Application no. 28207/18
Mihai NICHESCU
against Romania
The European Court of Human Rights (Fourth Section), sitting on 22 April 2021 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 12 September 2018,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Mihai Nichescu, was born in 1981.
The applicant’s complaints under Article 8 of the Convention concerning the refusal of leave to prisoner for attending funeral of close relatives were communicated to the Romanian 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 8 December 2020 sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired and that no extension of time had been requested. He was then invited to send his observations before 19 January 2021. The applicant’s attention was also 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 received this letter on 24 December 2020. However, no response has been received. The applicant has not been in contact with the Court since he lodged his application with the Court in September 2018.
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 20 May 2021.
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Viktoriya MaradudinaArmen Harutyunyan
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy