De Oliveira Costa v. Portugal

FOURTH SECTION

Application no. 36244/13 José DE OLIVEIRA COSTA against Portugal

The European Court of Human Rights (Fourth Section), sitting on 19 November 2020 as a Committee composed of:

Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 28 May 2013,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr José de Oliveira Costa, was born in 1935.

He was represented by Mr Correia Baptista, a lawyer practising in Lisbon.

The applicant’s complaint under Article 4 § 1 of Protocol No. 7 to the Convention concerning the alleged violation of his right not to be punished twice for the same offence was communicated to the Portuguese Government (“the Government”).

Having been notified that the applicant had died on 9 March 2020, by a letter of 8 July 2020 the Registry asked the applicant’s representative to indicate whether any potential heirs wished to pursue the application in the applicant’s stead.

On 15 September 2020 the applicant’s representative informed the Registry that the applicant’s heirs did not wish to continue with the proceedings before the Court.

THE LAW

The Court takes note of the fact that the applicant has died and that his heirs do not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention.

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 10 December 2020.

Liv Tigerstedt Armen Harutyunyan Acting Deputy Registrar President