Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 12 września 2019 r.
45036/13

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0912DEC004503613

FIFTH SECTION

DECISION

Application no. 45036/13

Mehrali Hidayat oglu MAMMADOV

against Azerbaijan

The European Court of Human Rights (Fifth Section), sitting on 12 September 2019 as a Committee composed of:

Ganna Yudkivska, President,

André Potocki,

Yonko Grozev, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 3 July 2013,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The applicant, Mr Mehrali Hidayat oglu Mammadov, was born in 1966.

The applicant was represented by Mr V. Aliyev, a lawyer practising in Azerbaijan.

The applicant's complaints under Article 1 of Protocol No. 1 to the Convention and Article 6 of the Convention, concerning the alleged unlawfulness of destruction of his property and the alleged unfairness of domestic civil proceedings, were communicated to the Azerbaijani Government, who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry's letter.

By letters dated 22 October 2018 and 5 June 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 8 June 2018 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's representative received the Court's latest letter on 20 June 2019. However, no response has been received.

Uzasadnienie prawne

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.

Sentencja

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 3 October 2019.

Liv Tigerstedt

Ganna Yudkivska

Acting Deputy Registrar

President