THIRD SECTION
DECISION
Application no. 52375/13
Gheorghe TIMOFTE
against Romania
The European Court of Human Rights (Third Section), sitting on 20 January 2015 as a Committee composed of:
Dragoljub Popović, President,
Kristina Pardalos,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 6 August 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Gheorghe Timofte, is a Romanian national, who was born in 1973 and lives in Iași.
The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.
The applicant’s complaint under Article 3 of the Convention concerning the conditions of his detention in Botoșani Prison was communicated to the Government on 7 April 2014. The Government’s observations on the admissibility and merits were forwarded to the applicant, who was invited to submit his own observations. The applicant did not reply to the Registry’s letter.
By a letter dated 17 October 2014, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 30 September 2014 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’s representative received this letter on 3 November 2014. However, no response has been received.
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 12 February 2015.
Marialena TsirliDragoljub Popović
Deputy RegistrarPresident
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