THIRD SECTION
DECISION
Application no. 13738/13
Zekija SERHATLIĆ
against Serbia
The European Court of Human Rights (Third Section), sitting on 6 September 2016 as a Committee composed of:
Pere Pastor Vilanova, President,
Branko Lubarda,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 9 February 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Zekija Serhatlić, is a Serbian national, who was born in 1958 and lives in Novi Pazar. She was represented before the Court by Mr M. Muderizović, a lawyer practising in Novi Pazar.
The Serbian Government (“the Government”) were represented by their Agent at the time, Ms V. Rodić.
The applicant complained under Article 6 and Article 13 of the Convention and Article 1 of Protocol No. 1 to the Convention about the non-enforcement of a judgment rendered in her favour against a socially-owned company.
The applicant’s complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit her own observations. No reply was received to the Registry’s letter.
By letter dated 31 March 2016, sent by registered post, the applicant’s representative was notified that the Court had not yet received the applicant’s observations and claims for just satisfaction and that the Court had extended time for submissions until 12 May 2016. The applicant’s representative’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case 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 8 April 2016. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her 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 29 September 2016.
Fatoş AracıPere Pastor Vilanova
Deputy RegistrarPresident
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