FOURTH SECTION
DECISION
Application no. 25714/05
by Stelian Kirilov STOYANOV-KOBULADZE
against Bulgaria
The European Court of Human Rights (Fourth Section), sitting on 29 March 2011 as a Committee composed of:
Lech Garlicki, President,
Zdravka Kalaydjieva,
Vincent A. de Gaetano, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 7 July 2005,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Stelian Kirilov Stoyanov-Kobuladze, is a Bulgarian and Georgian national who was born in 1963 and lives in Buhovo. He is represented before the Court by Mrs T. Todorova, a lawyer practising in Sofia. The Bulgarian Government (“the Government”) were represented by their Agent, Mrs N. Nikolova, of the Ministry of Justice.
Following a trial, held in absentia, by a final judgment of 28 October 1996 the Varna District Court found the applicant guilty of committing large-scale fraud. The court sentenced him to ten years’ imprisonment. On 22 October 2004 the applicant was detained in order to serve his sentence.
The applicant’s ensuing request for reopening of the criminal proceedings against him was dismissed by the Supreme Court of Cassation on 12 April 2007.
The applicant complained that he had not been informed promptly of the reasons for his arrest (Article 5 § 2) and that the criminal proceedings against him, held in absentia, had been unfair (Article 6 § 1).
These complaints were communicated to the Government on 9 March 2010, who submitted their observations on the admissibility and merits. On 29 July 2010 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 10 November 2010, sent by registered post, the applicant’s representative was notified that the period allowed for submission of the applicant’s observations had expired on 23 September 2010 and that no extension of time had been requested. 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 15 November 2010. 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 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.
Fatoş AracıLech Garlicki
Deputy RegistrarPresident
Full & Egal Universal Law Academy