FIFTH SECTION

DECISION

Application no. 9808/19 Davit GRIGALASHVILI

against Georgia

The European Court of Human Rights (Fifth Section), sitting on 5 May 2022 as a Committee composed of:

Stéphanie Mourou-Vikström, President, Ivana Jelić, Kateřina Šimáčková, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 9 February 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Davit Grigalashvili, was born in 1969. He was represented by Mr V. Talakvadze, a lawyer practising in Tbilisi.

The applicant’s complaints concerning the alleged restriction of liberty as a result of an episode of his questioning at a police station for slightly over six hours when he was allegedly unable to leave the station or to refuse to be questioned were communicated under Article 5 of the Convention to the Georgian Government (“the Government”), who submitted observations on the admissibility and merits in February 2020.

By letter dated 6 March 2020, the Government’s written observations were sent to the applicant’s representative, through the Court’s Electronic Communications Service (eComms). The representative was invited to submit by 17 April 2020 any written observations he wished to make in reply on behalf of the applicant, together with any claims for just satisfaction. No reply was received, even though the applicant’s representative downloaded the letter on 17 March 2020.

By letter dated 2 November 2020, sent through eComms, the applicant’s representative was notified that the period allowed for submission of the observations had expired and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application 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 was not downloaded by the applicant’s representative. He has not sought contact with the Court to report on any technical or other issue. The Registry did not have any other means to correspond with the applicant party, save via the lawyer. The latter did not update the Court on the applicant’s situation, including whether he continued being detained. The most recent information available to the Court was from the Government’s observations submitted in February 2020.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

Accordingly, the case should be struck 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 25 May 2022.

Viktoriya Maradudina Stéphanie Mourou-Vikström Acting Deputy Registrar President