Ismayilov v. Azerbaijan

FIFTH SECTION

Application no. 11258/12 Alakbar Heydar oglu ISMAYILOV against Azerbaijan

The European Court of Human Rights (Fifth Section), sitting on 16 January 2020 as a Committee composed of:

Gabriele Kucsko-Stadlmayer, President, Mārtiņš Mits, Lәtif Hüseynov, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 9 February 2012,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Alakbar Heydar oglu Ismayilov, was born in 1949.

The applicant’s complaints under Articles 6, 8, 10 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention concerning the seizure of his letters and books during a search carried out in his cell in prison were communicated to the Azerbaijani Government (“the Government”), who submitted observations on the admissibility and merits.

Since it was known from other applications before the Court that the applicant’s representative had died in the meantime, on 28 February 2019 the relevant letter was sent to the applicant’s address as indicated in his application. On 30 April 2019 the Court received back the letter undelivered with a note “was not found”.

The applicant has never informed the Court of any change in his address or appointment of a new representative.

THE LAW

In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued 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 6 February 2020.

Liv Tigerstedt Gabriele Kucsko-Stadlmayer Acting Deputy Registrar President