FIRST SECTION

DECISION

Application no . 49840/11 Kevin HUNTER against the United Kingdom

The European Court of Human Rights (First Section), sitting on 15 November 2016 as a Committee composed of:

Kristina Pardalos, President, Robert Spano, Tim Eicke, judges, and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 24 July 2011,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Kevin Hunter, is a British national, who was born in 1961.

The United Kingdom Government (“the Government”) were represented by their Agent, Ms A. McLeod, of the Foreign and Commonwealth Office.

2. The applicant complained under Article 8 of the Convention about the retention of his biometric data which was taken from him by police following his arrest on 22 April 2008. The applicant also complained under Articles 6 § 3 (d), 7, 13 and 14 about subsequent proceedings before the High Court in November 2008 and a decision to refuse him permission to apply for judicial review on 22 June 2011. He did not particularise those complaints.

3. The applicant ’ s complaints concerning the retention of his biometric data under Article 8 were communicated to the Government and the remainder of the application was declared inadmissible. The Government 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.

4. By letter dated 6 November 2015, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 17 September 2015 and that no extension of time had been requested. The applicant ’ 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. However, the postal services could not locate the applicant at the address given. The applicant has not informed the Court of any change of address in accordance with Rule 47(4) of the Rules of Court.

THE LAW

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. Furtherm ore, 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 8 December 2016 .

             Renata Degener Kristina Pardalos              Deputy Registrar President