Lozinšek v. Slovenia

FIFTH SECTION

Application no. 51485/07 Alojz LOZINŠEK against Slovenia

The European Court of Human Rights (Fifth Section), sitting on 5 March 2013 as a Committee composed of:

Ann Power-Forde, President, Boštjan M. Zupančič, Helena Jäderblom, judges and Stephen Phillips, Deputy Section Registrar,

Having regard to the above application lodged on 22 October 2007,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Alojz Lozinšek, is a Slovenian national, who was born in 1952 and lives in Ptuj.

The Slovenian Government (“the Government”) were represented by their Agent.

The applicant’s complaints under Article 6 concerning changes made to the indictment without giving the applicant time to react to them were communicated to the 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 and appoint a representative. No reply was received to the Registry’s letter.

By letter dated 20 June 2012, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 3 June 2012 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 on 27 June 2012. However, no response has been received.

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.

Stephen Phillips Ann Power-Forde Deputy Registrar President