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MURPHY v. THE UNITED KINGDOM

Doc ref: 51594/10 • ECHR ID: 001-177739

Document date: September 12, 2017

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  • Cited paragraphs: 0
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MURPHY v. THE UNITED KINGDOM

Doc ref: 51594/10 • ECHR ID: 001-177739

Document date: September 12, 2017

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 51594/10 Margaret MURPHY against the United Kingdom

The European Court of Human Rights (First Section), sitting on 12 September 2017 as a Committee composed of:

Kristina Pardalos, President, Pauliine Koskelo, Tim Eicke, judges , and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 1 September 2010,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Ms Margaret Murphy, is a British national, who was born in 1943 and lives in Leeds and was granted leave by the President of the Section on 28 August 2015 to represent herself.

2. The United Kingdom Government (“the Government”) were represented by their Agents, Ms A. McLeod and Ms V. Robson of the Foreign and Commonwealth Office.

3. The applicant complained under Article 8 of the Convention about the retention of her fingerprints, DNA data and photograph. Her complaint was communicated to the Government on 10 December 2014.

4. The Government proposed a friendly settlement which the Registry sent to the applicant. The applicant failed to respond to the Registry ’ s letters of 6 and 21 April 2017 requesting her to submit comments on the proposed friendly settlement.

5. By way of a letter dated 7 June 2017, sent by registered post, the applicant ’ 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. The United Kingdom postal service (Royal Mail) returned the Registry ’ s letter of 7 June 2017 indicating that they had been unable to deliver it and the applicant had not gone to the post office to collect it. The applicant has not informed the Court of any change of address in accordance with Rule 47(4) of the Rules of Court.

THE LAW

6. 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.

7. 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 5 October 2017 .

             Renata Degener Kristina Pardalos              Deputy Registrar President

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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