FIRST SECTION
DECISION
Application no. 31116/13
Franco SCOPPOLA
against Italy
The European Court of Human Rights (First Section), sitting on 25 June 2020 as a Committee composed of:
Krzysztof Wojtyczek, President,
Linos-Alexandre Sicilianos,
Armen Harutyunyan, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 3 May 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Franco Scoppola, was born in 1940.
He was represented by Mr N. Paoletti, a lawyer practising in Rome.
The applicant’s complaints under Article 8 § 1 of the Convention concerning the partial deprivation of his legal capacity following his sentence to a term of thirty years’ imprisonment were communicated to the Italian Government (“the Government”) on 4 September 2017.
By a letter of 29 December 2017, the Government informed the Registry that applicant had died on 23 June 2016, that is already before the communication of the application to the Government. However, no heirs or close relatives have expressed the wish to pursue the application on the applicant’s behalf.
THE LAW
It has been the Court’s practice to strike applications out of the list of cases under Article 37 § 1 of the Convention in the absence of any heir or close relative who has expressed the wish to pursue an application (see Léger v. France (striking out) [GC], no. 19324/02, § 44, 30 March 2009, with further references). Turning to the circumstances of the present case, the Court notes that the applicant died in the course of the proceedings and that no heirs or close relatives have expressed the wish to pursue the application on his behalf. As the Court finds no special circumstances regarding respect for human rights which require the continued examination of the case, it considers it appropriate to strike the application out of its list of cases under Article 37 § 1 (c) of the Convention.
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 16 July 2020.
Liv TigerstedtKrzysztof Wojtyczek
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy