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SHEHADA v. CROATIA

Doc ref: 30771/13 • ECHR ID: 001-172483

Document date: February 28, 2017

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SHEHADA v. CROATIA

Doc ref: 30771/13 • ECHR ID: 001-172483

Document date: February 28, 2017

Cited paragraphs only

SECOND SECTION

DECISION

Application no . 30771/13 Ahmed SHEHADA against Croatia

The European Court of Human Rights (Second Section), sitting on 28 February 2017 as a Committee composed of:

Paul Lemmens, President, Ksenija Turković, Jon Fridrik Kjølbro, judges,

and Hasan Bakırcı, Deputy Section Registrar ,

Having regard to the above application lodged on 15 April 2013,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Ahmed Shehada, is a national of Bosnia and Herzegovina and Egypt, who was born in 1964 and lives in Tuzla. He was represented before the Court by Mr S. Baotić, a lawyer practising in Županja.

The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.

The applicant ’ s complaints concerning his alleged arbitrary expulsion, and his deprivation of liberty in that respect, under Article 5 § 1 (f) of the Convention and Article 1 of Protocol No. 7, were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry ’ s letter.

By letter dated 3 May 2016, sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of his observations had expired on 7 March 2016 and that no extension of time had been requested. The applicant ’ s representative ’ 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 applicant ’ s representative received this letter on 13 May 2016. However, no response has been received.

THE LAW

Th e Court considers that, in the given 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 23 March 2017 .

Hasan Bakırcı Paul Lemmens              Deputy Registrar President

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