Stojanovski v. "the Former Yugoslav Republic of Macedonia"

FIRST SECTION

Application no. 14786/07 Jovan STOJANOVSKI against the former Yugoslav Republic of Macedonia

The European Court of Human Rights (First Section), sitting on 18 December 2012 as a Committee composed of:

Elisabeth Steiner, President , Mirjana Lazarova Trajkovska, Linos-Alexandre Sicilianos, judges

and André Wampach, Deputy Section Registrar,

Having regard to the above application lodged on 31 March 2007,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Jovan Stojanovski, is a Macedonian and Bulgarian national, who was born in 1939 and lives in Skopje.

The Macedonian Government (“the Government”) were represented by their former Agent, Mrs R. Lazareska Gerovska, succeeded subsequently by their present Agent, Mr K. Bogdanov. The Bulgarian Government, who had been informed of their right to intervene in the proceedings, under Article 36 § 1 of the Convention, gave no indication that they wished to do so.

The applicant complained under Article 6 of the Convention about the domestic courts’ refusal to admit relevant evidence and to examine a witness, as well as that he had been punished twice for the same offence.

The applicant’s complaints were communicated to the respondent Government, who submitted their 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 21 December 2011, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 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 a case 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 this letter. However, no response has been received to date.

THE LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of 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 its Protocols which require the continued examination of the case.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

André Wampach Elisabeth Steiner Deputy Registrar President