FIRST SECTION

DECISION

Application no . 79028/12 Mihajlo LAMBEVSKI against the former Yugoslav Republic of Macedonia

The European Court of Human Rights ( First Section ), sitting on 10 December 2013 as a Committee composed of:

Elisabeth Steiner, President, Mirjana Lazarova Trajkovska , Linos-Alexandre Sicilianos , judges, and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 5 December 2012 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Mihajlo Lambevski , is a Macedonian national, who was born in 1948 and lives in Skopje. He was represented before the Court by Mr V. Ristovski , lawyer practising in Skopje .

The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov .

The applicant , who was diagnosed as having suffered from obstructive prostate cancer, heart disease, chronic thrombophlebitis and hiatus hernia , complained under Article 3 of the Convention about inadequate medical care in Demir Hisar Psychiatric Hospital in which he was confined after having been convicted for murder. It was so since he had been constantly transported to Skopje Oncology Clinic where he had been receiving the necessary medical treatment. He sought to be transferred to Skopje Psychiatric Hospital.

T he Government submitted their observations on the admissibility and merits of the case . The y were forwarded to the applicant who was invited to submit observations in reply . No reply was received by the applicant.

On 25 July 2013 the respondent Government informed the Court that with a final decision of 28 May 2013 the domestic courts had granted the applicant ’ s request for transfer to Skopje Psychiatric Hospital.

With a letter of 18 July 2013 , sent by registered mail , the applicant was notified that the period allowed for submission of his observations had expired on 26 June 2013 and that no extension of the time -limit 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. The letter returned to the Court with a note that the applicant ’ s representative had not claimed it from the post office .

With a letter dated 12 August 2013, which the applicant received on 26 August 2013, he was invited to comment on the Government ’ s letter of 25 July 2013 (see above). No reply was received .

Lastly, with a letter of 7 October 2013, sent by registered mail , the applicant was notified that the period allowed for submission of his observations and of his comments to the Government ’ s letter of 25 July 2013 had expired on 26 June 2013 and 9 September 2013 respectively and that no extension of the time -limits 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. This letter also returned to the Court as having not been claimed.

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 and in view of the fact that the applicant ’ s request for his transfer to Skopje Psychiatric Hospital was granted, 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.

I n 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.

André Wampach Elisabeth Steiner Deputy Registrar President