TRUSHI proti Albánii

THIRD SECTION

DECISION

Application no. 33158/11
Ilir TRUSHI
against Albania

The European Court of Human Rights (Third Section), sitting on 9 March 2023 as a Committee composed of:

Ioannis Ktistakis, President,
Darian Pavli,
Andreas Zünd, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 13 May 2011,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ilir Trushi, was born in 1979. He was represented by Mr S. Vorfi, a lawyer practising in Tirana.

The applicant’s complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about proceedings in absentia were communicated to the Albanian Government (“the Government”).

By letters of 6 and 28 February 2013 the Government’s written observations in Albanian and English were sent to the applicant’s representative who was invited to submit by 21 March 2013 any written observations he wished to make in reply on behalf of the applicant, together with any claims for just satisfaction. No reply was received to these letters.

By letters dated 23 June 2021 and 9 November 2022 sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 21 March 2013 and that no extension of time had been requested. The applicant’s representative’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 representative of the applicant received the Court’s last letter on 25 November 2022. However, no response has followed.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the 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 30 March 2023.

Viktoriya Maradudina Ioannis Ktistakis
Acting Deputy Registrar President