IBRAHIMOV proti Ázerbajdžánu

FIRST SECTION

DECISION

Application no. 41055/16
Isa IBRAHIMOV

against Azerbaijan

The European Court of Human Rights (First Section), sitting on 24 November 2022 as a Committee composed of:

Krzysztof Wojtyczek, President,
Ivana Jelić,
Erik Wennerström, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 2 July 2016,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Isa Tofig oglu Ibrahimov, was born in 1989.

The applicant was represented by Mr A. Nagiyev, a lawyer based in Azerbaijan.

The applicant’s complaint under Article 5 § 3 of the Convention concerning the lack of justification for his pre-trial detention was communicated to the Azerbaijani Government (“the Government”).

On 26 July 2019 the Registry sent a letter to the applicant asking about his position on the friendly settlement proposal.

By a letter dated 14 October 2019, Mr A. Nagiyev, the representative of the applicant, informed the Court that henceforth he was not representing the applicant.

By a letter of 16 July 2020, sent by registered post, the applicant was requested to inform the Court whether he wished to maintain his application and to indicate his position on the friendly settlement proposal by 15 September 2020. No response has been received. The postal service did not confirm that the letter of 16 July 2020 had been received by the applicant or had been delivered to his address.

On 2 March 2021 the Court sent again a letter, by registered post, to the applicant requesting to inform the Court, by 15 April 2021, whether he wished to maintain his application and to indicate his position on the friendly settlement proposal. 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 3 April 2021. However, no response 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 15 December 2022.

Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President