JAHBALA proti Albánii

THIRD SECTION

DECISION

Application no. 6307/12
Ramiz JAHBALA
against Albania

The European Court of Human Rights (Third Section), sitting on 24 November 2022 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 17 January 2012,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Ramiz Jahbala, was born in 1954.

The applicant’s complaints under Article 6 § 1 and Article 13 of the Convention and Article 1 of Protocol No. 1 concerning the delayed enforcement of a domestic decision were communicated to the Albanian Government (“the Government”), who submitted observations on the admissibility and merits. They were forwarded to the applicant, who was invited to submit his observations in response.

On 15 February 2022 the applicant’s representative replied to the Court that he had informed the applicant about the observations received, but that he was no longer representing the applicant upon the latter’s request.

By a letter dated 1 March 2022, sent by registered post directly to the applicant, the latter was notified that the period allowed for submission of his observations had expired on 24 February 2022 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 that letter on 23 March 2022. However, no response has followed.

THE LAW

In the light of the foregoing, in the absence of any correspondence from the applicant and considering that, following the communication of the application to the Government, no reply was received to the Registry’s letters, the Court concludes that the applicant may be regarded as no longer wishing to pursue the applications (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 15 December 2022.

Viktoriya Maradudina Ioannis Ktistakis
Acting Deputy Registrar President