FIRST SECTION

DECISION

Application no . 68149/11 Y against Croatia

The European Court of Human Rights (First Section), sitting on 1 October 2013 as a Committee composed of:

Elisabeth Steiner, President,

Mirjana Lazarova Trajkovska ,

Ksenija Turković , judges , and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 14 September 2011,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant is a Croatian national who was born in 1979 and lives in Zagreb . The President granted the applicant ’ s request for his identity not to be disclosed to the public (Rule 47 § 3).

The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik .

The applicant complained under Article 3 of the Convention about the violence against him on 5 September 2008 and 5 November 2011; under Article 5 §§ 1 and 4 of the Convention that his psychiatric internment had been unlawful and that he had no adequate procedure to challenge it; under Articles 6 and 8 of the Convention that the proceedings for divesting him of his legal capacity had not been fair.

The application 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 22 May 2013, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 18 March 2013 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. The applicant did not collect his mail and thus the Court ’ s attempts to contact him at the address indicated in the application remained futile.

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.

André Wampach Elisabeth Steiner Deputy Registrar President