FIRST SECTION

DECISION

Application no . 2386/11 Rafik HOVHANNISYAN against Armenia

The European Court of Human Rights (First Section), sitting on 24 January 2017 as a Committee composed of:

Ledi Bianku , President, Aleš Pejchal , Armen Harutyunyan , judges, and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 28 December 2010,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Rafik Hovhannisyan , an Armenian national, was born in 1949 and lived in Yerevan. He was represented before the Court by Mr G. Margaryan , a lawyer practising in Yerevan.

The Armenian Government (“the Government”) were represented by their Agent, Mr G. Kostanyan , Representative of the Government of Armenia before the European Court of Human Rights.

The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention about the non-enforcement of the Administrative Court ’ s judgment of 27 July 2009.

On 11 September 2013 the Court decided to give notice to the Government of the applicant ’ s complaint as described above.

By letter dated 22 October 2013 the applicant ’ s lawyer informed the Registry that the applicant had died and that his son wished to continue pursuing the application before the Court.

By letter dated 23 December 2013 the Government informed the Court that the applicant ’ s son had declared that he did not intend to pursue the application. The Government therefore proposed that the case be struck out of the list of cases under Article 37 § 1 of the Convention.

The applicant ’ s lawyer was requested by the Registry to comment on the Government ’ s letter by 4 February 2014. No reply has been received from him.

THE LAW

In the light of the foregoing, the Court concludes that the applicant ’ s heir does not wish to pursue the 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 16 February 2017 .

             Renata Degener Ledi Bianku              Deputy Registrar President