FOURTH SECTION
DECISION
Application no. 7130/11
Severian TCHITAVA
against Georgia
The European Court of Human Rights (Fourth Section), sitting on 9 June 2015 as a Committee composed of:
Paul Mahoney, President,
Nona Tsotsoria,
Faris Vehabović, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 12 January 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Severian Tchitava, is a Georgian national, who was born in 1974. He was represented before the Court by Mr D. Korkotashvili, a lawyer practising in Tbilisi. The Georgian Government (“the Government”) were represented by their Agent, Mr L. Meskhoradze of the Ministry of Justice.
2. On 12 September 2013 the applicant’s complaints under Articles 3 and 6 §§ 1 and 3 (d) of the Convention were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant’s representative, who was invited to submit his own observations. The relevant letter was served at the address of the applicant’s representative on 19 May 2014, however, no reply followed.
3. By letter of 10 September 2014, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 10 June 2014 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 was requested to inform the Court before 7 October 2014 whether he wished to maintain his application.
4. The above letter was served at the address of the applicant’s representative on 16 September 2014. However, no response has been received.
THE LAW
5. 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 2 July 2015.
Fatoş AracıPaul Mahoney
Deputy RegistrarPresident
Full & Egal Universal Law Academy