FIFTH SECTION

DECISION

Application no . 37776/15 Ognyan Valentinov PETROV against Bulgaria

The European Court of Human Rights (Fifth Section), sitting on 10 January 2017 as a Committee composed of:

Ganna Yudkivska, President , Faris Vehabović, Carlo Ranzoni, judges , and Anne-Marie Dougin , Acting Deputy Section Registrar ,

Having regard to the above application lodged on 23 July 2015,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Ognyan Valentinov Petrov, is a Bulgarian national born in 1979. He was not legally represented. On 20 September 2013 he was arrested and taken to Vratsa Prison to serve a sentence of three and a half years ’ imprisonment. It is unclear whether he is still in that prison.

The Bulgarian Government were represented by their Agent, Ms M. Dimova, of the Ministry of Justice.

The applicant complained under Article 5 § 1 of the Convention that his imprisonment was not justified under subparagraph (a) of that provision as he had been convicted and sentenced in absentia and the Supreme Court of Cassation had unjustifiably refused to reopen the criminal proceedings against him.

The Government were given notice of this complaint, and submitted observations on its admissibility and merits. The observations were sent to the applicant, who was invited to submit observations in reply and, if he so wished, a claim for just satisfaction. No reply has been received to that letter of the Court ’ s Registry.

Accordingly, by letter dated 25 July 2016, sent by registered post to the address specified by the applicant on the first page of his application, he was warned that the period allowed for submission of his observations had expired and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention, under which the Court may strike an application out of its list of cases if the circumstances lead to the conclusion that the applicant does not intend to pursue it. It is unclear whether the applicant received that letter. He has not replied to it.

Accordingly, on 11 August 2016 a letter in the same terms was sent by registered post to the address of a contact person specified by the applicant on page 11 of his application. That person received the letter, which clearly specified that it was for the applicant, on 22 August 2016. No reply or other communication h a s been received from the applicant since then.

THE LAW

In these circumstances, the applicant may be regarded as no longer intending to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. There are, moreover, no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require continued examination of the application (Article 37 § 1 in fine ).

The application should therefore be struck out of the Court ’ s 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 2 February 2017 .

Anne-Marie Dougin Ganna Yudkivska              Acting Deputy Registrar President