FIFTH SECTION

DECISION

Application no. 20918/09 Alasgar Abbas oglu ISMAYILOV against Azerbaijan

The European Court of Human Rights (Fifth Section), sitting on 29 August 2019 as a Committee composed of:

Yonko Grozev, President, Ganna Yudkivska, André Potocki, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 1 April 2009 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Alasgar Ismayilov, was born in 1938.

The applicant was represented by Ms S. Aliyeva, a lawyer practising in Baku.

The applicant ’ s complaint under Article 3 of the Convention, concerning the conditions of detention in the Sadarak district police office, were communicated to the Azerbaijani Government (“the Government”) , who submitted observations on the admissibility and merits. The observations were forwarded to the applicant ’ s lawyer, who was invited to submit observations.

By letters dated 19 November and 26 December 2018 the applicant ’ s lawyer notified the Court that she had been unable to get in touch with the applicant because he did not respond to her phone calls . By letter dated 17 January 2019 the Registry acknowledged receipt of the above-mentioned letters and notified the applicant ’ s lawyer that, having regard to the circumstances, the Court would determine whether the applicant had lost interest to pursue the application.

By letter dated 17 December 2018 , sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 6 November 2018 and that if he requested, a new time-limit would be fixed for him to submit his observations. 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 applicant does not intend to pursue the application. The applicant received this letter on 11 February 2019. However, no response has been received.

THE LAW

In the light of the foregoing, the Court concludes that the applicant does not wish to pursue the 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 the Protocols thereto which require the continued 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 19 September 2019 .

Liv Tigerstedt Yonko Grozev Acting Deputy Registrar President