FIRST SECTION

DECISION

Application no. 53790/22
A
against Slovenia

The European Court of Human Rights (First Section), sitting on 21 November 2024 as a Committee composed of:

 Georgios A. Serghides, President,
 Erik Wennerström,
 Alain Chablais, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 9 November 2022,

Having regard to the decision to grant the applicant anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, A, was born in 2008. She lodged her application with the Court by herself when she was fourteen years old. Mr J. Starman, a lawyer practising in Koper, was appointed to represent the applicant in the present case.

The applicant complained, under Article 8 of the Convention, that as a result of the Kranj District Court’s care orders of 25 September and 2 December 2022, she had been unjustifiably separated from her father and siblings and placed in institutional care without having been heard by the domestic court or appointed a special guardian in the impugned domestic proceedings.

The applicant’s complaints were communicated to the Government, who submitted observations on the admissibility and merits. The applicant’s lawyer sent observations in reply.

On 27 March 2024 the Kranj District Court set aside the impugned care orders.

When invited to comment on the above-noted decision of the Kranj District Court, by a letter dated 26 May 2024, the applicant’s lawyer stated that since that decision the applicant had been in the custody of her father. The lawyer also informed the Court that he had been unable to establish contact with the applicant in order to receive her position on the said decision.

By a Court’s letter dated 11 June 2024, the applicant’s lawyer was requested to inform the Court whether he maintained contact with the applicant and whether she wished to pursue her application. 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.

By a letter of 15 September 2024, the applicant’s lawyer confirmed that he had been unable to establish contact with the applicant despite several attempts to do so. According to him, his last contact with the applicant dated back to 17 August 2023.

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 because the applicant may be regarded as no longer wishing to pursue it (see V.M. and Others v. Belgium (striking out) [GC], no. 60125/11, §§ 35-41, 17 November 2016).

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 12 December 2024.

 Viktoriya Maradudina Georgios A. Serghides
 Acting Deputy Registrar President