Mile POPOVSKI v the former Yugoslav Republic of Macedonia - 51709/07 [2010] ECHR 350 (23 February 2010)
The applicant failed to submit observations or respond to correspondence, indicating he did not intend to pursue the application. No special circumstances required further examination. The application was struck out.
Source-derived case information.
- Citation
- [2010] ECHR 350
- Parties
- Applicant: Mile Popovski; Respondent: the former Yugoslav Republic of Macedonia
- Jurisdiction
- European Union
- Procedural Posture
- Application / Decision on Admissibility and Merits
- Outcome
- application struck out
- Legal Topics
- Pre Trial Detention, Article 5 § 3 ECHR, Compatibility of Detention Grounds
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mile Popovski
Applicant
the former Yugoslav Republic of Macedonia
Respondent
Procedural Posture
Application / Decision on Admissibility and Merits
Legal Issues
- 1 Whether the applicant's continued pre-trial detention was compatible with Article 5 § 3 of the Convention
- 2 Whether the grounds for detention provided by domestic courts were sufficient
Ratio Decidendi
The applicant failed to submit observations or respond to correspondence, indicating he did not intend to pursue the application. No special circumstances required further examination. The application was struck out.
Court Disposition
application struck out
Orders
- The application is struck out of the list of cases.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Mile POPOVSKI v the former Yugoslav Republic of Macedonia - 51709/07 [2010] ECHR 350 (23 February 2010) URL: https://www.bailii.org/eu/cases/ECHR/2010/350.html Cite as: [2010] ECHR 350 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] FIFTH SECTION DECISION Application no. 51709/07 by Mile POPOVSKI against the former Yugoslav Republic of Macedonia The European Court of Human Rights (Fifth Section), sitting on 23 February 2010 as a Chamber composed of: Peer Lorenzen, President, Renate Jaeger, Karel Jungwiert, Mark Villiger, Isabelle Berro-Lefèvre, Mirjana Lazarova Trajkovska, Zdravka Kalaydjieva, judges, and Claudia Westerdiek, Section Registrar , Having regard to the above application lodged on 21 November 2007, Having deliberated, decides as follows: PROCEDURE The application was lodged by Mr Mile Popovski, a Macedonian national who was born in 1972 and lives in Kumanovo. He is represented before the Court by Mr J. Naumov, a lawyer practising in Skopje. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska. The case concerned review proceedings in respect of the applicant's pre-trial detention. The last decision in this respect, rendered by the Skopje Court of Appeal on 17 May 2007, was served on the applicant on 29 May 2007. On 1 April 2009 the Court decided to communicate the applicant's complaint about the compatibility of his continued detention with Article 5 § 3 of the Convention, in particular about the grounds of detention given by the domestic courts. On 3 August 2009 the Government submitted their observations on the admissibility and merits of the applicant's complaint. On 14 August 2009 the applicant was invited to submit his observations in reply before 25 September 2009. However, the Court notes that the applicant has failed to do so. Moreover, he failed to respond to a registered letter dated 3 November 2009, warning the applicant of the possibility that his case might be struck out of the Court's list. THE LAW Having regard to Article 37 § 1 (a) of the Convention, the Court concludes that the applicant do not intend to pursue the application (see Limkoski and others v. the former Yugoslav Republic of Macedonia (dec.), no. 27870/02, 2 February 2006). 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 its Protocols which require the examination of this application to be continued. Accordingly, it should be struck out of the list. For these reasons, the Court unanimously Decides to strike the application out of its list of cases. Claudia Westerdiek Peer Lorenzen Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2010/350.html