FIRST
SECTION
DECISION
Application no. 5588/04
Igbal Fehruz Oglu AGHAZADE
against Azerbaijan
The European Court of Human Rights (First
Section), sitting on 12 June 2012 as a Committee composed of:
Peer Lorenzen, President,
Khanlar
Hajiyev,
Julia Laffranque, judges,
and André
Wampach, Deputy Section
Registrar,
Having regard to the above application lodged
on 16 January 2004,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Igbal Fehruz oglu Aghazade,
is an Azerbaijani national, who was born in 1968 and lives in Baku.
The Azerbaijani Government ("the Government”)
were represented by their Agent, Mr Ç. Asgarov.
The applicant complained, inter alia, that he had been ill-treated during arrest and in
police custody in breach of Article 3 of the Convention and that his arrest and
conviction for having allegedly organised a public disorder during an
unauthorised demonstration had infringed his rights under Articles 10 and 11 of
the Convention.
The applicant’s complaints 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. No reply was received to the Registry’s letter.
By letter dated 12 May 2010, sent by
registered post, the applicant was notified that the period allowed for
submission of his observations had expired on 29 March 2010 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 22 May 2010. 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.
André
Wampach Peer
Lorenzen
Deputy Registrar President
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