FIRST SECTION
DECISION
Application no. 53988/12
Edlir TERPO
against Albania
The European Court of Human Rights (First Section), sitting on 26 January 2016 as a Committee composed of:
Aleš Pejchal, President,
Ledi Bianku,
Armen Harutyunyan, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 13 August 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Edlir Terpo, is an Albanian national, who was born in 1974 and lives in Tirana. He was represented before the Court by Mr G. Terpo, a lawyer practising in Tirana. His last known address communicated to the Court was in Tirana.
The Albanian Government (“the Government”) were represented by their Agent, Mrs Alma Hicka of the State Advocate’s Office.
The applicant complained under Article 6 § 1 of the Convention in conjunction with Article 13 about the non-enforcement of a final court decision given in his favour.
On 8 September 2014 the Court decided to give notice to the Government of the applicant’s complaint.
On 19 September 2014 the Court sent a letter to the applicant’s lawyer informing him about the communication of the case to the Government.
On 12 January 2015 the Government informed the Court that they accepted the friendly settlement proposal made by the Registry.
On 4 February 2015 the applicant’s lawyer was invited to inform the Court whether he accepted the settlement in question.
By Registry’s letter of 1 July 2015, sent by registered post, the applicant’s representative was notified that the period allowed for submission of the signed declaration expired 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.
On 18 June and 16 October 2015, the Registry’s letters of 19 September 2014, 4 February 2015 and 1 July 2015 were returned as undelivered. The letters were returned with a note stating “moved away” (“larguar”).
To date, the applicant’s lawyer has not resumed his correspondence with the Court.
THE LAW
The Court reiterates that, Article 37 of the Convention, in its relevant part, provides as follows:
“1. The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that
(a) the applicant does not intend to pursue his application (...)
(...) However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the Protocols thereto so requires”.
Having regard to the events occurred after notice of the application had been given to the respondent Government, the Court considers that Article 37 § 1 of the Convention should be applied.
The Court also recalls that, pursuant to Rule 47 § 7 of the Rules of Court, “applicants shall keep the Court informed of any change of address and of all circumstances relevant to the application”. In this respect the Court notes that the applicant’s lawyer has failed to respond to communications from the Registry of the Court, the last of which was sent on 1 July 2015. Nor has he informed the Court of his change of address.
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 (see, for example, Neumann v. Poland (dec.), no. 8204/04, 10 June 2008). 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 18 February 2016.
André WampachAleš Pejchal
Deputy RegistrarPresident
Full & Egal Universal Law Academy