FIFTH SECTION

DECISION

Application no. 40367/15 Yelena BEREZINSKAYA against Azerbaijan

The European Court of Human Rights (Fifth Section), sitting on 16 October 2018 as a Committee composed of:

Yonko Grozev, President, Gabriele Kucsko-Stadlmayer, Lәtif Hüseynov, judges,

and Milan Bla Å¡ ko, Deputy Section Registrar ,

Having regard to the above application lodged on 5 August 2015,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Ms Yelena Berezinskaya, is an Azerbaijani national, who was born in 1945 and lives in Baku.

2. The applicant ’ s complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention were communicated to the Azerbaijani Government (“the Government”), who were represented by their Agent, Mr Ç. Asgarov.

3 . By letter dated 18 December 2017, the applicant ’ s attention was drawn to Rule 36 §§ 2 and 4 of the Rules of Court, according to which an applicant needs to be represented by an “advocate” before the Court at this stage of the proceedings. Thus, she was requested to submit a duly completed power of attorney before 26 February 2018. The Registry ’ s letter of 18 December 2017 was returned undelivered with a note “was not found”.

4. On 10 April 2018 the Government submitted their observations on the admissibility and merits of the case.

5 . By letter dated 20 April 2018, the applicant was invited to submit her observations in reply before 1 June 2018 and was again invited to submit a duly completed power of attorney before 18 May 2018. The Registry ’ s letter of 20 April 2018 was returned undelivered with a note “was not found”.

6. By letter dated 2 July 2018, sent by registered post, the applicant was reminded that the period allowed for submission of her observations in reply had expired on 1 June 2018 and that no extension of time had been requested. Her attention was drawn to Article 37 § 1 (a) of the Convention.

7 . On 22 August 2018 the Registry ’ s letter of 2 July 2018 was returned undelivered with a note “moved”.

8 . The applicant has not informed the Court of any change of her address.

THE LAW

9. The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her 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.

10. 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 15 November 2018 .

Milan Bla Å¡ ko Yonko Grozev Deputy Registrar President