THIRD SECTION

DECISION

Application no . 52788/10 Viorel MOLDOVAN against Romania

The European Court of Human Rights ( Third Section ), sitting on 29 September 2015 as a Committee composed of:

Johannes Silvis , President, Iulia Antoanella Motoc , Carlo Ranzoni , judges,

and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 7 September 2010 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

T he applicant, Mr Viorel Moldovan , is a Romanian national, who was born in 1977 and is detained in Oradea Prison. He was represented before the Court by Mr R.V. Doseanu , a lawyer practicing in Oradea .

The Romanian Government (“the Government”) wer e represented by their Agent, M s C. Brumar , from the Romanian Ministry of Foreign Affairs .

Relying on Article 5 of the Convention the applicant complained about the repeated use of the same general reasons by the domestic c ourts to place and maintain him in pre-trial detention for an excessively long time.

The applicant ’ s above-mentioned complaint was 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 14 April 2015 , sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of his observations had expired on 25 March 2015 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 29 April 2015 . However, no response has been received.

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 22 October 2015 .

Marialena Tsirli Johannes Silvis Deputy Registrar President