ANDRUŠAITIS v. LITHUANIA
FOURTH SECTION
DECISION
Application no. 51216/16
Audrius ANDRUŠAITIS
against Lithuania
The European Court of Human Rights (Fourth Section), sitting on 17 January 2019 as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 16 August 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Audrius Andrušaitis, was born in 1968.
The applicant’s complaint under Article 3 of the Convention concerning his life sentence being not irreducible and therefore incompatible with Article 3 of the Convention was communicated to the Lithuanian Government (“the Government”).
By letter dated 25 May 2018, sent by registered post, the applicant was notified that the period allowed for submission of had expired on 2 May 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 received this letter on 11 June 2018. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 7 February 2019.
Liv TigerstedtGeorges Ravarani
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy