FOURTH SECTION
DECISION
Application no. 14951/12
Aristide RĂDUICĂ
against Romania
The European Court of Human Rights (Fourth Section), sitting on 1 June 2017 as a Committee composed of:
Vincent A. De Gaetano, President,
Georges Ravarani,
Marko Bošnjak, judges,
and Karen Reid, Section Registrar,
Having regard to the above application lodged on 13 January 2012,
Having regard to the decision to restore the application to its list of cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Aristide Răduică, was born in 1942.
On 1 October 2015, the Court (Third Section) sitting as a Committee, decided to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention on the basis of an unilateral declaration submitted by the Romanian Government (“the Government”) acknowledging a violation of Article 6 § 1 of the Convention due to the excessive length of criminal proceedings and awarding the applicant the amount of 1,890 euros (EUR) in respect of pecuniary and non-pecuniary damages, costs and expenses.
On 4 February 2016 the Government made a request to restore the application to the Court’s list of cases as in the course of the proceedings to enforce the Court’s decision, they were informed that the applicant had died on 17 March 2015.
On 28 April 2016 the Court decided, under Rule 43 § 5 of the Rules of the Court, to restore the application to its list of cases on basis of the applicant’s demise.
By letter dated 8 July 2016, sent by registered post, the applicant’s heirs were notified that the application had been restored to its list of cases and they were invited, in particular, to manifest their intention on whether they wished to pursue the application before the Court. The heirs’ 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 they do not intend to pursue the application. The applicant’s heirs received this letter on 21 July 2016. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicant’s heirs may be regarded as not wishing to pursue the application (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 the Protocols thereto which require the continued 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 22 June 2017.
Karen ReidVincent A. De Gaetano
RegistrarPresident
Full & Egal Universal Law Academy