FIFTH SECTION
DECISION
Application no. 55067/07
Ramin TAGIYEV
against Azerbaijan
The European Court of Human Rights (Fifth Section), sitting on 19 December 2017 as a Committee composed of:
Erik Møse, President,
Yonko Grozev,
Gabriele Kucsko-Stadlmayer, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above application lodged on 6 December 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ramin Rafig oglu Tagiyev, is an Azerbaijani national, who was born in 1980 and lives in Baku.
The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov.
On 8 November 2016 the applicant’s complaints under Articles 3 (conditions of detention), 6 § 1 (right to a public hearing) and 6 § 2 (right to the presumption of innocence) were communicated to the Azerbaijani Government.
By letter dated 6 March 2017 the Government’s observations were sent to the applicant, who was requested to submit any observations together with any claims for just satisfaction in reply by 17 April 2017.
By letter dated 28 June 2017, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 17 April 2017 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. By a letter of 16 October 2017, the postal service confirmed that the letter was delivered on 16 August 2017.
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.
Done in English and notified in writing on 25 January 2018.
Anne-Marie DouginErik Møse
Acting Deputy RegistrarPresident
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