Dimitrova v. Bulgaria

FOURTH SECTION

Application no. 12412/13 Nadezhda Ilieva DIMITROVA against Bulgaria

The European Court of Human Rights (Fourth Section), sitting on 16 June 2015 as a Committee composed of:

Krzysztof Wojtyczek, President, Faris Vehabović, Yonko Grozev, judges,

and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 11 February 2013,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Nadezhda Ilieva Dimitrova, is a Bulgarian national, who was born in 1941 and lives in Byala. She was represented before the Court by Mr Byalkov, a lawyer practising in Veliko Tarnovo.

The Bulgarian Government (“the Government”) were represented by their Agent, Ms Y. Stoyanova, of the Ministry of Justice.

The applicant complained that her detention for psychiatric treatment in 2012 had been unlawful.

On 12 May 2014 that part of the application was communicated to the respondent Government.

By letter dated 8 October 2014 the Government’s observations were sent to the applicant’s representative, who was requested to submit any observations in reply, together with any claims for just satisfaction, by 19 November 2014.

By another letter dated 18 February 2015, sent by registered post, the applicant’s representative was notified that the period allowed for submission of the applicant’s observations had expired. He was invited to inform the Court by 4 March 2015 whether the applicant wished to maintain the application. His 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’s representative received this letter on 25 February 2015. 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 the 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.

Done in English and notified in writing on 9 July 2015.

Fatoş Aracı Krzysztof Wojtyczek Deputy Registrar President