THIRD SECTION

DECISION

Application no. 38161/15 Daniel Alexander HOLMES against Malta

The European Court of Human Rights (Third Section), sitting on 10 December 2019 as a Committee composed of:

Georgios A. Serghides , President, Erik Wennerström , Lorraine Schembri Orland, judges,

and Stephen Phillips , Section Registrar ,

Having regard to the above application lodged on 30 July 2015,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Daniel Alexander Holmes, is a British national, who was born in 1978 and lives in Floriana . He was represented before the Court by Dr F. Debono and Dr M. Spiteri, lawyers practising in Valletta.

The applicant ’ s complaints under Article 6 concerning the lack of legal assistance when he made a statement to the police and the length of the criminal proceedings against him as well as a complaint under Articles 6 and 7 about the discretion of the Attorney General to decide in which court he would be tried with the consequence that had on punishment, were communicated to the Maltese Government (“the Government”), who were represented by their Agent, Dr. P Grech .

By a letter of 6 June 2019 the applicant ’ s representative was invited to submit by 18 July 2019 at the latest any written observations he might wish to make in reply on behalf of the applicant, together with claims for just satisfaction. The applicant ’ s legal representative failed to reply.

The applicant ’ s legal representative also failed to respond to the last Registry ’ s letter of 3 September 2019 (sent by registered mail and, according to the records of the postal service, received by his representative on 18 September 2019), reminding him that the period allowed for submission of his reply to the Government ’ s observations had expired on 18 July 2019 and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention.

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 23 January 2020 .

Stephen Phillips Georgios A. Serghides Registrar President