FIRST SECTION
DECISION
Application no. 50764/22
T.L.
against Italy
The European Court of Human Rights (First Section), sitting on 14 December 2023 as a Committee composed of:
Krzysztof Wojtyczek, President,
Lətif Hüseynov,
Ivana Jelić, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 3 November 2022,
Having regard to the decision to grant the applicant anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,
Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr T.L., was born in 1990.
The applicant was represented by Ms A. Mascia and Ms A. Calcaterra, lawyers practising respectively in Verona and Milan.
The applicant’s complaints under Articles 3 and 5 §§ 1 and 5 of the Convention and Articles 6 and 34 of the Convention, concerning the alleged unlawfulness of his prolonged detention, conditions of detention deemed inadequate for his mental health, the non-enforcement of the domestic decision ordering his placement in a specialised structure (“Residence for Execution of Security Measures” (“REMS”)) and the delay in enforcing the interim measure indicated by the Court under Rule 39 of the Rules of Court, were communicated to the Italian Government (“the Government”).
On 6 November 2023 the applicant’s lawyers informed the Court that they had lost contact with the applicant. On a later date the applicant’s representatives stated that they were still trying to establish contact with him but they were not successful in doing so.
THE LAW
The Court is of the opinion that the applicant’s failure to inform his representatives of his current whereabouts must be taken as indicating that he has lost interest in pursuing his application within the meaning of Article 37 § 1 (a) of the Convention. Given the impossibility of establishing any communication with the applicant, the Court considers that the representatives cannot now meaningfully pursue the proceedings before it (see, mutatis mutandis, Sevgi Erdoğan v. Turkey (striking out), no. 28492/95, 29 April 2003, and Ali v. Switzerland, 5 August 1998, § 32, Reports of Judgments and Decisions 1998-V).
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 (see V.M. and Others v. Belgium (striking out) [GC], no. 60125/11, §§ 35-41, 17 November 2016).
Accordingly, the case should be struck out of the list.
In these circumstances, the application of the interim measure under Rule 39 of the Rules of Court is therefore discontinued.
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 January 2024.
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President