ONOFRAȘ proti Rumunsku

FOURTH SECTION

DECISION

Application no. 34088/17
Ionel ONOFRAȘ
against Romania

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

Armen Harutyunyan, President,
Anja Seibert-Fohr,
Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 2 May 2017,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Ionel Onofraș, was born in 1958. He was represented by Mr Ardeleanu, a lawyer practising in Iași.

The complaint under Article 6 § 1 of the Convention concerning the alleged lack of an impartial tribunal, was communicated to the Romanian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded via the Court’s Electronic Communications Service (eComms) to the applicant, who was invited to submit his own observations. No reply was received by the Court.

By letter dated 13 September 2022, also sent via eComms, the applicant was notified that the period allowed for submission of his observations had expired on 19 August 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’s lawyer downloaded the letter on the same date. 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 15 December 2022.

Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President