Markocsan v. Romania

THIRD SECTION

Application no. 21405/11 Gyorgy MARKOCSAN against Romania

The European Court of Human Rights (Third Section), sitting on 21 January 2014 as a Committee composed of:

Alvina Gyulumyan, President,

Kristina Pardalos,

Johannes Silvis, judges, and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 2 March 2011,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Gyorgy Markocsan, is a Romanian national, who was born in 1943.

The Romanian Government (“the Government”) were represented by their Agent, Mrs 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 Târgu Jiu and Craiova Prisons was communicated to the Government on 21 September 2012.

The applicant, who was released from prison in August 2012, did not reply to a letter sent by the Court on 14 March 2013.

By letter dated 30 July 2013, sent by registered post to the applicant’s last known address, the applicant was notified that the period allowed for replying to the Court’s letter had expired and was given a new time limit to comply by 17 September 2013. This letter was returned to the Court with the mention “Moved from this address”.

By letter dated 22 October 2013, sent by registered mail to the address indicated in the initial application, the applicant was again notified that the period allowed for replying to the Court’s letter had expired. This letter was returned to the Court on 13 November 2013 with the mention “Unknown recipient”.

In the last two letters the applicant’s attention was drawn to the fact that the Court may strike a case out if its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.

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 application.

In view of the above, 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.

Marialena Tsirli Alvina Gyulumyan Deputy Registrar President