Svarciuc v. the Republic of Moldova

SECOND SECTION

Application no. 34374/07 Constantin SVARCIUC against the Republic of Moldova

The European Court of Human Rights (Second Section), sitting on 13 December 2016 as a Committee composed of:

Nebojša Vučinić, President, Valeriu Griţco, Stéphanie Mourou-Vikström, judges, and Hasan Bakırcı, Deputy Section Registrar,

Having regard to the above application lodged on 1 August 2007,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Constantin Svarciuc, is a Moldovan national, who was born in 1968 and is detained in Chișinău.

The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol.

The applicant complained under Article 3 of the Convention about the inadequate conditions of detention in prison no. 13.

The applicant’s complaints were communicated to the Government, who submitted their 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 letter dated 5 September 2016, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 2 July 2016 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. 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 19 January 2017.

Hasan Bakırcı Nebojša Vučinić Deputy Registrar President