GASIMOV v. AZERBAIJAN

 
 
 
 
FIFTH SECTION
DECISION
Application no. 6629/09
Abdulmanna GASIMOV
against Azerbaijan
 
The European Court of Human Rights (Fifth Section), sitting on 25 April 2019 as a Committee composed of:
Síofra O’Leary, President,
Mārtiņš Mits,
Lado Chanturia, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 22 January 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Abdulmanna Gasimov, was born in 1964.
He was represented before the Court by Mr G. Zamanov, a lawyer practising in Azerbaijan.
The applicant’s complaint under Article 6 of the Convention concerning the domestic courts’ failure to call additional witnesses requested by him and to properly assess statements of the attesting witnesses of search were communicated to the Azerbaijani Government (“the Government”) who submitted their observations on the admissibility and merits.
By letter dated 5 June 2018 the Government’s observations were forwarded to the applicant’s lawyer, who was invited to submit his observations by 16 July 2018. No reply was received to the Registry’s letter.
By letter dated 16 October 2018, sent by registered post, the applicant’s lawyer was notified that the period allowed for submission of his observations had expired on 17 July 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 lawyer received this letter on 16 November 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 16 May 2019.
Liv TigerstedtSíofra O’Leary
Acting Deputy RegistrarPresident

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