I.K. proti Řecku

THIRD SECTION

DECISION

Application no. 53764/20
I.K.
against Greece

The European Court of Human Rights (Third Section), sitting on 19 January 2023 as a Committee composed of:

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

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 9 December 2020,

Having regard to the decision to grant the applicant anonymity under Rule 47 § 4 of the Rules of Court,

Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court and the decision to lift that measure,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr I. K., was born in 1976.

The applicant was represented by Ms I. Metton, a lawyer practising in Paris.

On 11 December 2020 the Court acceded to the applicant’s request to apply Rule 39 of the Rules of Court and indicated to the Government to guarantee to the applicant living conditions compatible with Article 3 of the Convention having regard to his state of health and to provide the applicant with adequate healthcare compatible with his state of health.

On 4 March 2021 the interim measure was lifted.

The applicant’s complaints under Article 3 and/or Article 8 and under Article 13 of the Convention concerning the living conditions and medical treatment of the applicant in RIC Samos, as well as the lack of any effective remedy in domestic law, were communicated to the Greek Government (“the Government”), who submitted 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 July 2022, sent to the applicant’s representative via the Court’s Electronic Communication (eComms), he was notified that the period allowed for submission of his observations had expired on 28 April 2022 and that no extension of time had been requested. The applicant party’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 that letter on the same day, 5 July 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 9 February 2023.

Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President