FIFTH SECTION

DECISION

Application no. 44083/09 Elman Damir oglu DAMIROV 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 14 July 2009 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Elman Damir oglu Damirov, was born in 1948.

The applicant ’ s complaints under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention, concerning the alleged interference with his right to peaceful enjoyment of his possessions due to the destruction of his garage, and the alleged unfairness of domestic proceedings regarding his claim for compensation for damages caused by the destruction, were communicated to the Azerbaijani Government (“the Government”).

By letter of 23 May 2019 , sent by registered mail, the applicant was requested to inform the Court of any factual developments in the case, as well as to confirm his intention to pursue the application. The applicant ’ s 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 applicants do not intend to pursue the application. The Court ’ s letter was returned by the postal service as undeliverable, with a note “unclaimed”.

On 20 June 2019 the Government informed the Court that the applicant had died on 16 July 2016.

THE LAW

The Court observes that no heir or close relative or any other person with a legitimate interest has asked to pursue the application.

In the light of the above, the Court concludes that it is no longer justified to continue the examination of the applicati on and concludes, under Article 37 § 1 (c) of the Convention, that it should be struck out of its list of cases. 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 examination of the application to be continued.

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