THIRD SECTION

DECISION

Application no. 70923/17
M.W.

against Serbia

The European Court of Human Rights (Third Section), sitting on 22 May 2025 as a Committee composed of:

 Oddný Mjöll Arnardóttir, President,
 Úna Ní Raifeartaigh,
 Mateja Đurović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 29 September 2017,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, M.W., was born in 2001. He was represented by Mr V. Ilić, a lawyer practising in Belgrade.

The applicant’s complaint under Article 13 of the Convention, read in conjunction with Article 3 thereof, that he had had no effective domestic remedy in the course of deportation proceedings and his complaints under Article 6 of the Convention concerning the fairness of the minor-offence proceedings against him, were communicated to the Serbian Government (“the Government”).

On 10 February 2025 the Registry sent a letter to the applicant’s representative requesting further factual information concerning the application.

On 10 March 2025 the representative informed the Court that the last contact he had had with the applicant had been several months ago and that it had not been re-established since.

THE LAW

The Court reiterates that an applicant’s representative must not only supply a power of attorney or written authority (Rule 45 § 3 of the Rules of Court) but that it is also important that contact between the applicant and his or her representative be maintained throughout the proceedings. Such contact is essential both in order to learn more about the applicant’s particular situation and to confirm the applicant’s continuing interest in pursuing the examination of his or her application (see V.M. and Others v. Belgium [GC], no. 60125/11, § 35, 17 November 2016).

In the present case, the Court observes that the applicant did not maintain contact with his representative and failed to keep him informed of his whereabouts or to provide him with means of contact. Accordingly, it considers that it can conclude on that basis that the applicant has lost interest in the proceedings and no longer intends to pursue the application, within the meaning of Article 37 § 1 (a) of the Convention (see V.M. and Others, cited above, § 36).

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 12 June 2025.

 Viktoriya Maradudina Oddný Mjöll Arnardóttir
 Acting Deputy Registrar President