FIFTH SECTION

DECISION

Application no. 42221/14 Elnur GADIROV against Azerbaijan

The European Court of Human Rights (Fifth Section), sitting on 21 March 2019 as a Committee composed of:

Síofra O ’ Leary, President, Mārtiņš Mits, Lado Chanturia, judges, and Liv Tigerstedt , Acting De p uty Section Registrar ,

Having regard to the above application lodged on 26 May 2014,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Elnur Gadirov, is an Azerbaijani national, who was born in 1976 and is currently a serving prison sentence.

The applicant ’ s complaint under Article 6 § 3 (d) of the Convention concerning the domestic courts ’ failure to hear a witness in person was communicated to the Azerbaijani Government (“the Government”), who submitted observations on the admissibility and merits.

On 23 October 2018 the Government ’ s observations were forwarded to the applicant who was requested to submit his observations by 5 December 2018.

On 31 October 2018 the applicant ’ s lawyer informed the Court that he was no longer in a position to represent the applicant and that he was not aware of the applicant ’ s intention to pursue his application.

By a letter dated 12 November 2018, sent by registered post, the applicant was informed about his lawyer ’ s letter and was invited to appoint a new representative in the proceedings before the Court by 10 December 2018. His attention was drawn to Rule 36 §§ 2 and 4 of the Rules of Court and he was also informed that failure to reply could lead the Court to conclude that he was no longer interested in pursuing the application and to strike it out of its list of cases. The applicant received this letter on 3 January 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 11 April 2019 .

Liv Tigerstedt Síofra O ’ Leary Acting Deputy Registrar President