FOURTH SECTION

DECISION

Application no. 80294/17 Konstantin KOSTIĆ against Serbia

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

Faris Vehabović , President , Anja Seibert-Fohr, Anne Louise Bormann , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 14 November 2017,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Konstantin Kostić, was born in 1943.

The applicant’s complaints under Articles 6 and 8 of the Convention concerning the refusal of the domestic authorities to recognise his right to continue paying for the lease of the gravesite where his aunt and uncle had been buried instead of their remains being exhumed and placed in a collective burial site, were communicated to the Serbian Government (“the Government”). The Government submitted their observations on the admissibility and merits of the case. These observations were forwarded to the applicant, who was invited to appoint a lawyer and submit his own observations together with his claim for just satisfaction. No reply was received to that letter.

By letter dated 13 May 2022, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 22 April 2022 and that no extension of time had been requested. He was exceptionally given an additional opportunity to submit his observations until 24 June 2022. Furthermore, 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.

Despite being informed by the Registry about the forthcoming correspondence and by the local post office about the pending delivery, the applicant had not enquired about the correspondence during the indicated period and the post office had therefore returned it to the Court which received it on 20 July 2022.

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 Faris Vehabović Acting Deputy Registrar President