Stefan BUTURCA v Romania - 13611/05 [2011] ECHR 487 (8 March 2011)
The applicant failed to respond to the Court’s correspondence and did not pursue the application; there were no special circumstances requiring continued examination of the case.
Source-derived case information.
- Citation
- [2011] ECHR 487
- Parties
- Applicant: Stefan Buţurca; Respondent: Romanian Government
- Jurisdiction
- European Union
- Procedural Posture
- Application to the European Court of Human Rights / Decision on Admissibility and Merits
- Outcome
- application struck out
- Legal Topics
- Right to a Fair Trial, Protection of Property, Prohibition of Discrimination, Political Persecution, Religious Discrimination
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stefan Buţurca
Applicant
Romanian Government
Respondent
Procedural Posture
Application to the European Court of Human Rights / Decision on Admissibility and Merits
Legal Issues
- 1 Whether the applicant was denied recognition as politically persecuted on account of his religion
- 2 Whether there was a violation of Article 6 § 1, Article 1 of Protocol No. 1, and Article 14 of the Convention
Ratio Decidendi
The applicant failed to respond to the Court’s correspondence and did not pursue the application; there were no special circumstances requiring continued examination of the case.
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 >> Stefan BUTURCA v Romania - 13611/05 [2011] ECHR 487 (8 March 2011) URL: https://www.bailii.org/eu/cases/ECHR/2011/487.html Cite as: [2011] ECHR 487 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] THIRD SECTION DECISION Application no. 13611/05 by Stefan BUTURCA against Romania The European Court of Human Rights (Third Section), sitting on 8 March 2011 as a Committee composed of: Ján Šikuta, President, Ineta Ziemele, Kristina Pardalos, judges, and Marialena Tsirli , Deputy Section Registrar , Having regard to the above application lodged on 29 March 2005, Having deliberated, decides as follows: THE FACTS The application was lodged by Mr Stefan Buţurca, a Romanian national who was born in 1954 and lives in Cluj-Napoca. The Romanian Government (“the Government”) were represented by their Agent, Mr Răzvan Horaţiu Radu , from the Ministry of Foreign Affairs. Under Article 6 § 1 and Article 1 of Protocol No. 1 to the Convention, both taken alone and in conjunction with Article 14, the applicant, member of the Jehova’s Witnesses, claimed that the court of appeal which refused to recognise him as politically persecuted on account of his religion and to subsequently award him the benefits granted by Law-Decree No. 118 of 1990, adopted opposite decisions in identical cases in respect of other Jehovah’s Witnesses. The applicant’s complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his respective just satisfaction claims. No reply was received to the Registry’s letter. By letter dated December 2010, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 20 April 2010 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 a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The letter remained unclaimed and no response has been received. THE LAW The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of 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 its Protocols which require the continued examination of the case. In view of the above, it is appropriate to strike the case out of the list. For these reasons, the Court unanimously Decides to strike the application out of its list of cases. Marialena Tsirli Ján Šikuta Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2011/487.html