GONÇALVES BARATA v. PORTUGAL
Doc ref: 46399/14 • ECHR ID: 001-193887
Document date: May 16, 2019
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FOURTH SECTION
DECISION
Application no. 46399/14 João GONÇALVES BARATA against Portugal
The European Court of Human Rights (Fourth Section), sitting on 16 May 2019 as a Committee composed of:
Georges Ravarani, President, Marko Bošnjak , Péter Paczolay , judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 16 June 2014 ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr João Gonçalves Barata , was born in 1959.
The applicant complained under Article 6 §§ 1 and 3 (c) of the Convention about the effectiveness of the legal assistance provided to him in criminal proceedings, in which several defense lawyers asked to withdraw from the case while the time-limit to bring an appeal against the applicant ’ s conviction expired.
The complaints were communicated to the Portuguese Government (“the Government”) .
By letter dated 11 February 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations on the admissibility and merits of the application had expired on 15 January 2019 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.
The applicant received this letter on 19 February 2019. However, no response has been received .
THE LAW
In the light of the foregoing, t he Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 6 June 2019 .
Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President
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