FOURTH SECTION
DECISION
Application no. 1548/20
Andrea Ecaterina SZOLOMAJER
against Romania
The European Court of Human Rights (Fourth Section), sitting on 4 April 2024 as a Committee composed of:
Branko Lubarda, President,
Anne Louise Bormann,
Sebastian Răduleţu, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 20 December 2019,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Andrea Ecaterina Szolomajer, was born in 1975. She was represented by Ms S. Almaș, a lawyer practising in Cluj-Napoca.
The applicant’s complaints under Article 2 of the Convention (the alleged ineffectiveness of the criminal investigation regarding the death of her infant after a surgical intervention performed a few days after the birth) were communicated to the Romanian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant’s representative, who was invited to submit observations on behalf of the applicant. No reply was received to the Registry’s letter.
By letter dated 6 December 2023, sent by registered post, the applicant’s representative was notified that the period allowed for submission of the observations had expired on 18 October 2023 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 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 representative received this letter on 28 December 2023 according to the information available on the website of the Romanian Post. However, no response has followed.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the 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 25 April 2024.
Viktoriya Maradudina Branko Lubarda
Acting Deputy Registrar President