FIFTH SECTION

DECISION

Application no . 77159/12 Charles Steven MUSCAT against Malta

The European Court of Human Rights ( Fifth Section ), sitting on 20 October 2015 as a Committee composed of:

Angelika Nußberger , President, Boštjan M. Zupančič , Vincent A. D e Gaetano , judges, and Milan Blaško , Deputy Section Registrar ,

Having regard to the above application lodged on 30 November 2012 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Charles Steven Muscat , is a Maltese national, who was born in 1967 and is currently serving a prison sentence. He was initially represented by Dr J. Herrera and was subsequently represented before the Court by Dr D. Camilleri and Dr V. Dalli , all lawyers practising in Valletta .

The Maltese Government (“the Government”) were represented by their Agent, Dr P. Grech , Attorney General.

The applicant complain ed under Article 6 §§ 1 and 3 (c) of the Convention on account of the lack of legal assistance during investigation and interrogation . He further complained under Article 13 about the ineffectiveness of the Constitutional Court ’ s judgment in so far as it did not order that the statement he had released be expunged from the acts of the proceedings.

The applicant ’ s complaint concerning Article 6 §§ 1 and 3 (c) was communicated to the Government on 3 September 2014 and the remainder of the application declared inadmissible.

The Government submitted their observations on the admissibility and merits on 7 January 2015 . By a letter dated 19 January 2015, the Government ’ s observations were forwarded to the applicant who was invited to submit his written observations by 2 March 2015.

No reply was received to the Registry ’ s letter.

By a letter dated 9 April 2015, sent by registered mail, the applicant ’ s representatives were notified that the period allowed for submission of the applicant ’ s observations had expired on 2 March 2015 and that no extension of time had been requested. They were informed that should there be reasons to explain such a delay, they should inform the Court by 7 May 2015. The applicant ’ s representatives ’ 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 Court ’ s letter was unclaimed by the applicant ’ s representative s and was returned to the Court, unopened, on 12 May 2015.

According to the Maltese postal services when an addressee is unable to receive and sign an acknowledgment of receipt of a letter, another attempt to deliver is made on the subsequent day. Following such attempt a note is left requesting the addressee to pick up the registered letter at the relevant post office within ten days. In the absence of collection, another note is sent to the addressee informing him or her that in the absence of collection within five days, the letter will be returned to sender.

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. 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 12 November 2015 .

Milan Blaško Angelika Nußberger Deputy Registrar President