EFTIMOV proti Bulharsku

THIRD SECTION

DECISION

Application no. 70356/17
Ivaylo Miletiev EFTIMOV

against Bulgaria

The European Court of Human Rights (Third Section), sitting on 8 December 2022 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 20 September 2017,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Ivaylo Miletiev Eftimov, was born in 1974.

The applicant’s complaints under Article 3 of Protocol No. 1 of the Convention concerning a violation of his right to vote in free elections which ensure the free expression of the opinion of the people in the choice of legislature were communicated to the Bulgarian Government (“the Government”), who submitted observations on the admissibility and merits of the complaints. On 18 December 2019 the Registry sent a letter to the applicant inviting him to designate a representative and to send his position regarding friendly settlement. No reply was received to this letter. Another letter was sent to the applicant on 19 February 2020, reminding him to designate a representative, to which no reply was received either. A letter was yet again sent to the applicant on 30 April 2020, asking him to appoint a representative by 6 August 2020, which he did not do.

On 25 September 2020, the observations of the Government were forwarded to the applicant, who was invited to submit observations in reply. No reply was received to the Registry’s related letter.

By a letter dated 20 November 2020, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 6 November 2020 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 letter was returned to the Registry on 21 January 2021 as undelivered as the applicant had been released from prison. He has not provided his new address to the Court.

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 12 January 2023.

Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President