FIFTH SECTION

DECISION

Application no. 59117/09 Azer Abdulkhalig oglu MAMMADOV 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 27 October 2009 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Azer Mammadov, was born in 1962.

The applicant was represented by Ms Mammadova, a lawyer based in Baku.

The applicant ’ s complaint under Article 1 of Protocol No. 1 to the Convention, concerning the authorities ’ refusal to issue documents required for privatisation of land, were communicated to the Azerbaijani Government (“the Government”) , who submitted observations on the admissibility and merits. These observations were forwarded to the applicant, who was invited to submit his observations in reply. However, no response was received to the Registry ’ s letter .

By letters dated 25 October 2018 and 26 March 2019, sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of his observations had expired on 22 June 2018 and that no extension of time had been requested. 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. There is no information as to whether the first letter reached the applicant ’ s representative. The second letter was returned by the postal service as undeliverable, with a note that the addressee could not be found at the indicated address.

The Registry has not received any correspondence from the applicant or his representative since October 2009 and the latter has not provided any information about a possible change of the postal address.

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