FIRST SECTION

DECISION

Application no. 53805/07 Gadir MUSAYEV against Azerbaijan

The European Court of Human Rights (First Section), sitting on 22 November 2011 as a Chamber composed of:

Nina Vajić , President, Anatoly Kovler , Elisabeth Steiner , Khanlar Hajiyev , Mirjana Lazarova Trajkovska , Linos-Alexandre Sicilianos , Erik Møse , judges, and Søren Nielsen , Section Registrar ,

Having regard to the above application lodged on 27 November 2007,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Gadir Musayev , is an Azerbaijani national who was born in 1969 and lives in Bilasuvar .

He was represented before the Court by Mr I. A sh urov , a lawyer practising in Azerbaijan . The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov .

The applicant complained under Article s 5, 6 §§ 1 and 3 (a), (b), (c) and (d), 7 and 13 of the Convention about his pre-trial detention and that the criminal proceedings against him had been f abricated and unfair owing to a number of procedural shortcomings.

The application was 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 Court ’ s letter.

By a letter dated 15 September 2011 , sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of his observations had expired on 19 August 2011 and that no extension of time had been requested. The applicant ’ s representative ’ 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 ’ s representative received this letter on 28 September 2011 .

On 6 October 2011 the applicant ’ s representative replied that the applicant had severed contacts with him and that, despite many efforts, he had been unable to locate the applicant and re-establish contact with him.

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.

Søren Nielsen Nina Vajić Registrar President