FIFTH SECTION

DECISION

Application no. 3762/22 Miroslav TULEJ

against the Czech Republic

The European Court of Human Rights (Fifth Section), sitting on 29 June 2023 as a Committee composed of:

Carlo Ranzoni, President, Lado Chanturia, María Elósegui , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 7 January 2022,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Miroslav Tulej, was born in 1964. He was represented by Mr P. Žižka, a lawyer practising in Pilsen.

The applicant’s complaints under Article 5 of the Convention concerning the extension of his protective treatment amounting to a deprivation of liberty were communicated to the Czech Government (“the Government”) on 31 May 2022. At the same time, the applicant’s legal representative was invited to use the Court’s Electronic Communication Service (“eComms”), which he did by activating his eComms account on 1 June 2022.

In January 2023 the Government submitted observations on the admissibility and merits of the application. They were forwarded to the applicant (through his legal representative), who was invited to submit the observations in reply. However, no reply was received to the Registry’s letter, which has not been downloaded.

By letter dated 20 March 2023 sent by eComms the applicant was notified that the period allowed for submission of his observations had expired on 3 March 2023 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 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. Again, the letter has not been downloaded and there has been no response.

In a last attempt, the Registry contacted the law office of the applicant’s legal representative at the end of March 2023.

On 20 April 2023 the applicant’s representative sent through eComms a letter apologising for the lack of communication, which had allegedly been due to his state of health.

On 21 April 2023 the Registry acknowledged receipt of that letter and the applicant was set a new time-limit for submitting his observations, expiring on 12 May 2023. The applicant’s representative downloaded the Registry’s letter on 25 April 2023. However, no reply has been received.

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). 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 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 20 July 2023.

Viktoriya Maradudina Carlo Ranzoni Acting Deputy Registrar President