FOURTH SECTION

DECISION

Application no. 28043/19 Walter FELDHOFER against Austria

The European Court of Human Rights (Fourth Section), sitting on 17 December 2020 as a Committee composed of:

Armen Harutyunyan, President , Jolien Schukking, Ana Maria Guerra Martins, judges ,

and Liv Tigerstedt, Acting Deputy Section Registrar ,

Having regard to the above application lodged on 21 May 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Walter Feldhofer , is an Austrian national, who was born in 1939 and lives in Graz.

The applicant ’ s complaints under Articles 5 § 1 and 6 § 1 of the Convention concerning the legality of his detention in an institution for mentally ill criminal offenders and the fairness of his criminal trial were communicated to the Austrian Government (“the Government”).

The applicant failed to respond to the last Registry ’ s letter of 3 September 2020, sent by registered post and received by him on 14 September 2020, reminding him that the period allowed for submission of his reply to the Government ’ s observations had expired on 27 July 2020 and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.

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.

Done in English and notified in writing on 21 January 2021 .

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Liv Tigerstedt Armen Harutyunyan Acting Deputy Registrar President