THIRD SECTION
DECISION
Application no. 22126/06
by Ioan SÎRBU
against Romania
The European Court of Human Rights (Third Section), sitting on 18 January 2011 as a Committee composed of:
Elisabet Fura, President,
Boštjan M. Zupančič,
Ineta Ziemele, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 19 May 2006,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Ms Ioan Sîrbu, a Romanian national who was born in 1947 and lives in Arad. The Romanian Government (“the Government”) were represented by their Agent, Mr Răzvan-Horaţiu Radu, from the Minister of Foreign Affairs.
The applicants complained under Article 3 of the Convention about the lack of proper medical treatment in Arad Prison.
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 his own observations. No reply was received to the Registry’s letter.
By letter dated 28 May 2010, sent by registered post, the applicant was notified that the period allowed for submission of the his observations had expired on 26 February 2010 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 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 letter returned to the Registry with the mention “not registered within Arad Penitentiary”.
On 28 July 2010 the Registry resent the communication letter and the Government’s observation to the applicant’s home address mentioned in the application form. On 3 August 2010 the letter returned to the Registry with the mention “unknown recipient, G. Alexandrescu street, no. 9 parterre”.
On 25 October 2010 the Registry sent an information request letter to the Government asking to communicate which is the penitentiary unit where the applicant has been transferred or if he was released. In reply, the Government informed the Registry that the applicant was released from Arad Prison on 19 December 2007 and informed about his current address according to the data base of the National Administration of the Penitentiaries. The Registry observed that the address given is the same with the one gave by the applicant in his application form.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his 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.
Marialena TsirliElisabet Fura
Deputy RegistrarPresident
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