SECOND SECTION

CASE OF BEND Ž IUS v. LITHUANIA

( Application no. 67506/01 )

JUDGMENT

(Striking out)

STRASBOURG

28 March 2006

FINAL

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of B endžius v. Lithuania ,

The European Court of Human Rights (Second Section) , sitting as a Chamber composed of:

Mr A.B. Baka , President , Mr J.-P. Costa , appointed to sit in respect of Lithuania , Mr I. Cabral Barreto, Mr R. Türmen , Mr M. Ugrekhelidze , Mrs A. Mularoni , Mrs E. Fura-Sandström, judges ,

and Mr S. Naismith , Deputy Section Registrar ,

Having deliberated in private on 26 April 2005 and 7 March 2006 ,

Delivers the following judgment, which was adopted on the last - mentioned date:

PROCEDURE AND FACTS

1 . The case originated in an application (no. 67506/01) against the Republic of Lithuania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Lithuanian national, Mr Vytautas Bendžius (“the applicant”), on 19 December 2000 .

2 . The Lithuanian Government (“the Government”) were represented by their Agent, Ms Elvyra Baltutytė .

3 . The applicant alleged, in particular, that he had been subject ed to entrapment in breach of Article 6 of the Convention. His last communication to the Court was a letter dated 14 February 2004 , sent from his home address in Jurbarkas , stating that he maintained his complaint under the Convention.

4 . The application was allocated to the Third Section of the Court (Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1.

5 . On 1 November 2004 the Court changed the composition of its Sections (Rule 25 § 1). This case was assigned to the newly composed Second Section (Rule 52 § 1). Ms D. Jočienė , the judge elected in respect of Lithuania , withdrew from sitting in the case (Rule 28). The Government accordingly appointed Mr J.-P. Costa, the judge elected in respect of France , to sit in her place (Article 27 § 2 of the Convention and Rule 29 § 1).

6 . By a decision of 26 April 2005 , the Court declared the application admissible.

7 . By a letter dated 29 April 2005 , the Registry informed the applicant a bout the decision. T he applicant was invited to submit by 27 June 2005 his observations on the merits, his position on a friendly settlement of the case and his claims for just satisfaction (Rules 59, 60 and 62 of the Rules of Court).

8 . The Government filed their observations on the merits on 1 August 2005 .

9 . By a letter dated 11 August 2005 , sent to the applicant ’ s home address by registered post, the Registry reminded the applicant that the time-limit for submission of his observation s on the merits had expired, without a reply from him . The applicant ’ s attention was drawn to Article 37 § 1 (a) of the Convention , which provide s that the Court may strike a case out of its list where the circumstances le a d to the conclusion that an applicant d oes not intend to pursue the application.

10 . Receipt of the registered letter of 11 August 2005 was confirmed by the post al service. The applicant has not replied to th is correspondence .

THE LAW

FOR THESE REASONS, THE COURT UNANIMOUSLY

Decides to s trike the application out of its list of cases.

Done in English, and notified in writing on 28 March 2006 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

S. Naismith A.B. Baka              Deputy Registrar              President