THIRD SECTION
DECISION
Application no. 26933/06
Titel-Mihăiţă TENE
against Romania
The European Court of Human Rights (Third Section), sitting on 3 July 2012 as a Committee composed of:
Egbert Myjer, President,
Luis López Guerra,
Kristina Pardalos, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 16 June 2006,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Titel-Mihăiţă Tene, is a Romanian national, who was born in 1976 and lives in Clăteşti, Călăraşi.
The Romanian Government (“the Government”) were represented by their Agent, Ms Irina Cambrea, of the Ministry of Foreign Affairs.
The applicant’s complaints concerning the alleged unfairness of the criminal proceedings instituted against him 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 comments. No reply was received to the Registry’s letter.
By letter dated 17 April 2012, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 2 April 2012 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 applicant received this letter on 4 May 2012. However, he has failed to react to that warning.
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 TsirliEgbert Myjer
Deputy RegistrarPresident
Full & Egal Universal Law Academy