FOURTH SECTION

DECISION

Application no. 35249/22 Lamine JAITEH against Austria

The European Court of Human Rights (Fourth Section), sitting on 17 May 2023 as a Committee composed of:

Tim Eicke , President , Branko Lubarda, Ana Maria Guerra Martins , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 14 July 2022,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Lamine Jaiteh, was born in 1983. He was represented by Mr H. Gursch, a lawyer practising in Steyr.

The applicant’s complaints under Article 5 §§ 1 and 4 and Article 6 of the Convention concern allegedly belated initiation of the proceedings for the review of his confinement in an institution for mentally ill offenders ( Anstalt für geistig abnorme Rechtsbrecher ) and allegedly excessive length of these review proceedings.

By letter received on 7 December 2022 the applicant informed the Registry that he wished to withdraw his application to the Court since he had agreed to settle the matter bilaterally at the domestic level.

THE LAW

In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (Article 37 § 1 (a) of the Convention). 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 the Protocols thereto which require the continued 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 8 June 2023.

Viktoriya Maradudina Tim Eicke Acting Deputy Registrar President