YANCHEV AND OTHERS v. BULGARIA
Doc ref: 28542/10;19493/11;41130/11;53131/13;17633/14;30500/14;57504/14 • ECHR ID: 001-175035
Document date: June 1, 2017
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FIFTH SECTION
DECISION
Application no. 28542/10 Vladislav Georgiev YANCHEV against Bulgaria and six other applications (see appended table)
The European Court of Human Rights (Fifth Section), sitting on 1 June 2017 as a Committee composed of:
Nona Tsotsoria , President,
Gabriele Kucsko-Stadlmayer ,
Latif Huseynov , judges,
and Karen Reid, Section Registrar,
Having regard to the above applications lodged on the various dates set out in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The list of the applicants and the relevant details of their applications are set out in the appended table.
2. The Bulgarian Government were given notice of the complain ts under Articles 3 and 13 of the Convention concerning the allegedly inadequate conditions of the applicants ’ detention and the lack of an effective domestic remedy in that respect. They submitted observations on their admissibility and merits.
3. These observations were then forwarded to the applicants, who were invited to submit observations in reply. They did not do so.
4. By letters dated as indicated in the appended table, sent by registered post, the applicants were advised that they had failed to reply to the Registry ’ s letters . Their 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 applicants received the letters on the dates specified in the appended table or, having been informed by the postal services of the letters ’ arrival, left them unclaimed at the post. None of them replied to those letters.
THE LAW
5. In these circumstances, the applicants may be regarded as no longer wishing to pursue their applications 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 the Protocols thereto which require the continued examination of the applications.
6. Accordingly, the cases are to be struck out of the Court ’ s list of cases.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 22 June 2017.
Karen Reid Nona Tsotsoria Registrar President
APPENDIX
No.
Application no.
Date of introduction
Name and date of birth of applicant
Time-limit for submitting observations
Letter sent to the applicant pursuant to Article 37 § 1 (a) of the Convention
Letter received by the applicant
(no answer provided)
28542/10
04/05/2010
Vladislav Georgiev Yanchev
01/01/1986
16/06/2016
19/08/2016 (sent to the applicant ’ s legal representative)
Unclaimed : the letter came back unopened to the Court on 26/09/2016.
19493/11
17/02/2011
Plamen Todorov Radkov
03/05/1972
21/06/2016
30/08/2016
Unclaimed the letter came back unopened to the Court on 14/10/2016.
41130/11
10/06/2011
Emil Ivanov Valchev
29/03/1976
31/06/2016
30/08/2016
That letter was received on 08/09/2016.
53131/13
15/08/2013
Biser Emilov Marinov
28/05/1987
13/06/2016
08/08/2016 (sent to the applicant ’ s designated correspondence address in Ruse and to Lovech Prison, where he had last served his prison sentence)
The receipt from Lovech Prison came back to the Court on 24/08/2016 with a note that the applicant was not known at that address. The receipt from Ruse came back to the Court on 28/09/2016 with a signature by the applicant ’ s grandmother dated 26/08/2016.
17633/14
22/04/2014
Borislav Romeov Boyanov
23/02/1991
13/06/2016
08/08/2016
That letter was received on 19/08/2016.
30500/14
29/05/2014
Dimitar Nikolov Lazarov
02/03/1950
13/06/2016
08/08/2016
Unclaimed : the letter came back unopened to the Court on 15/09/2016.
57504/14
08/10/2014
Kolyu Atanasov Shaykov
12/02/1961
16/06/2016
19/08/2016 ( sent to the applicant ’ s legal representative)
The letter was received on 30/08/2016.