FIFTH SECTION

DECISION

Application no. 44756/08 Khaladdin SOLTANOV against Azerbaijan

The European Court of Human Rights (Fifth Section), sitting on 10 April 2018 as a Committee composed of:

Erik Møse, President, Síofra O ’ Leary, Lәtif Hüseynov, judges,

and Milan Bla Å¡ ko, Deputy Section Registrar ,

Having regard to the above application lodged on 26 August 2008,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Khaladdin Karam oglu Soltanov, is an Azerbaijani national, who was born in 1968 and lives in Ismayilli. He was represented before the Court by Mr N. Abbasov, a lawyer practising in Azerbaijan.

The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov.

On 2 December 2016 t he applicant ’ s complaint under Article 6 § 1 of the Convention ( right to adversarial proceedings) was communicated to the Government .

By letter dated 21 March 2017 the Government ’ s observations were sent to the applicant ’ s lawyer, who was requested to submit observations in reply together with any claims for just satisfaction by 2 May 2017.

By letter dated 3 August 2017 , sent by registered post, the applicant ’ s lawyer was notified that the period allowed for submission of his observations had expired on 2 May 2017 and that no extension of time had been requested. The lawyer ’ s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. By a letter of 14 September 2017, the postal service confirmed that the letter had been delivered on 14 August 2017. However, no response has been received.

THE LAW

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

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 3 May 2018 .

Milan BlaÅ¡ko Erik Møse              Deputy Registrar President