FIFTH SECTION
DECISION
Application no. 41127/09
Ulker Khalil gizi RAHIMOVA
against Azerbaijan
The European Court of Human Rights (Fifth Section), sitting on 29 November 2018 as a Committee composed of:
Síofra O’Leary, President,
Mārtiņš Mits,
Lado Chanturia, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 21 July 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Ulker Khalil gizi Rahimova, was born in 1947.
She was represented before the Court by Ms Sara Aliyeva, a lawyer practising in Azerbaijan.
The applicant’s complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention were communicated to the Azerbaijani Government (“the Government”), who submitted observations on the admissibility and merits.
By letter dated 5 April 2018, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 14 December 2017 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 received this letter on 20 April 2018. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer 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 20 December 2018.
Liv TigerstedtSíofra O’Leary
Acting Deputy RegistrarPresident
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