FOURTH SECTION

DECISION

Application no. 10993/12 Petar Stoimenov KOSTADINOV against Bulgaria

The European Court of Human Rights (Fourth Section ), sitting on 9 July 2020 as a Committee composed of:

Stéphanie Mourou-Vikström , President, Georges Ravarani , Jolien Schukking, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 1 February 2012 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Petar Stoimenov Kostadinov , was born in 1968.

The applicant was represented by Mr N. Kosturkov and Mr V. Stoyanov , lawyers practising in Pazardzhik .

The applicant ’ s complaints under Article 5 of the Convention concerning, most notably, the length of his pre-trial detention were communicated to the Bulgarian Government (“the Government”) on 10 May 2019. The parties were invited to comment, by 11 July 2019, on the possibility to reach a friendly settlement. The communication letter was sent to the applicant ’ s representatives through the Court ’ s Electronic Communications Service ( eComms ).

As the applicant failed to comment on the possibility of reaching a friendly settlement, but the Government expressed an interest in reaching such settlement, in a letter of 19 July 2019 the applicant was invited once again to indicate, by 8 August 2019, his position on the matter. Another letter was sent to him on 4 September 20 19, informing him that the time ­ limit for the Government to submit observations on the admissibility and merits of the case was being prolonged.

All the letters described above, sent through eComms , were downloaded by the applicant ’ s representatives on 4 and 5 September 2019. No answer to them has been received. After that the representatives have not connected to their eComms account and have not downloaded any of the Court ’ s subsequent letters sent through that means.

By letter dated 30 January 2020, sent by registered post, the applicant ’ s attention was drawn to the fact that he had not replied to the Court ’ s previous letters, and also 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 applicant received this letter on 7 February 2020. However, no response has been received.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) and (c) of the Convention, considers that it is no longer justified to continue the 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 30 July 2020 .

Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President