FOURTH SECTION
DECISION
Application no. 8653/10
Žaklina IVKOVIĆ-PAŠĆAN
against Serbia
The European Court of Human Rights (Fourth Section), sitting on 24 October 2019 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 27 January 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Žaklina Ivković-Pašćan, was born in 1980.
Relying on Articles 8 and 13 of the Convention the applicant complained that her child, born in a State-run hospital, was, or may well have been, abducted and unlawfully adopted by another family immediately upon his birth. In any event, the applicant sought to uncover the truth about her child’s fate and maintained that she had had no effective domestic remedy at her disposal in this regard.
The above complaints were communicated to the Serbian Government, who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit her own observations. Also, the Court informed the applicant about the necessity to be represented by an advocate at this stage of the proceedings. No reply was received to the Registry’s letter.
By letter dated 19 November 2015, sent by registered post, the applicant was notified that the period allowed for submission of her power of attorney and of her observations had expired on 23 July and 6 September 2015, respectively, 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 an application 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 26 November 2015. However, no response has been received to date.
THE LAW
In the light of the foregoing, the Court concludes that the applicant does not wish to pursue the 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 the Protocols thereto which require the continued examination of the application.
Accordingly, the case should be struck 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 14 November 2019.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy