FOURTH SECTION

DECISION

Application no . 12309/09 Zviad KVARATSKHELIA against Georgia

The European Court of Human Rights (Fourth Section), sitting on 4 April 2017 as a Committee composed of:

Krzysztof Wojtyczek , President, Nona Tsotsoria , Marko Bošnjak , judges,

and Andrea Tamietti, Deputy Section Registrar ,

Having regard to the above application lodged on 3 November 2008,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Zviad Kvaratskhelia , is a Georgian national, who was born in 1970 and is currently in detention. He was represented before the Court by Ms P. Makharadze , a lawyer practising in Tbilisi.

2. The applicant ’ s complaints under Article 6 §§ 1 and 3 (d) of the Convention concerning the alleged unfairness of the criminal proceedings conducted against him were communicated to the Georgian Government, who were represented by their Agent, Mr B. Dzamashvili , of the Ministry of Justice.

3. The applicant failed to respond to the Registry ’ s last letter of 2 February 2017 (served at the address of his representative on 7 February 2017), reminding him that the period allowed for submission of his observations in reply had expired on 4 January 2017 and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention.

THE LAW

4. 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 4 May 2017 .

Andrea Tamietti Krzysztof Wojtyczek              Deputy Registrar President