THIRD SECTION

DECISION

Application no. 18138/20 Ronald HOGEMANN against the Netherlands

The European Court of Human Rights (Third Section), sitting on 14 September 2023 as a Committee composed of:

Darian Pavli , President , Ioannis Ktistakis, Oddný Mjöll Arnardóttir , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 23 April 2020,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Ronald Hogemann, is a Dutch national who was born in 1962. He was represented by Mr. F. Visser until 19 May 2023.

The applicant’s complaint under Article 5 § 3 of the Convention concerning the unlawfulness of his pre-trial detention was communicated to the Government of the Kingdom of the Netherlands (“the Government”).

On 17 May 2023 the Registry sent a letter to the applicant with the Government’s position on the question of a friendly settlement.

On 19 May 2023 the applicant’s representative informed the Court that he no longer represented the applicant as the applicant had revoked the power of attorney.

By letter dated 25 May 2023, sent by post, the applicant was asked to designate a new representative in accordance with Rule 36 § 4 (a) and to inform the Court of his position concerning a friendly settlement and for costs and expenses incurred during the domestic proceedings in this case by 8 June 2023. The applicant did not reply.

On 20 July 2023 the applicant was sent, by registered post, a letter in which 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. The applicant received that letter on 31 July 2023. However, no response has followed.

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 5 October 2023.

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President