FIFTH SECTION

DECISION

Application no . 39501/12 Miroslav Nikola PETEK against Slovenia

The European Court of Human Rights ( Fifth Section ), sitting on 24 March 2015 as a Committee composed of:

Helena Jäderblom , President, Boštjan M. Zupančič , Aleš Pejchal , judges,

and Milan Blaško , Deputy Section Registrar ,

Having regard to the above application lodged on 18 June 2012 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Miroslav Nikola Petek , is a Slovenian national, who was born in 1971 and lives in Trbovlje . He was represented before the Court by Mr J. Ahlin , a lawyer practising in Ljubljana .

The Slovenian Government (“the Government”) were represented by their Agent, Mrs Andreja Vran .

The applicant complained under Article 3 of the Convention about the material conditions of detention in the rem and section of Ljubljana Prison, under Article 13 of the Convention about the lack of an effective domestic remedy in that regard and under Article 14 about discrimination between prisoners with different economic background.

The case was communicated to the respondent Government.

T he Government in formed the Court that they had reached a settlement with the applica nt in domestic proceedings as regards his compensation claim for conditions of the detention.

By letter dated 30 September 2014 the applicant was requested to inform the Court by 28 October 2014 whether he intended to withdraw the application.

The period for the reply expired and no extension of time had been requested . B y letter dated 19 December 2014, sent by registered post, the date for the reply was extended to 30 January 2015. 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. The applicant ’ s representative received this letter on 5 January 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 16 April 2015 .

Milan Blaško Helena Jäderblom Deputy Registrar President