FIRST SECTION

DECISION

Application no. 50727/99 
by Tundjel Aliosma MUSTAFA 
against Bulgaria

The European Court of Human Rights (First Section), sitting on 17 March 2005 as a Chamber composed of:

Mr C.L. Rozakis, President
 Mrs S. Botoucharova
 Mr A. Kovler
 Mrs E. Steiner
 Mr K. Hajiyev
 Mr D. Spielmann, 
 Mr S.E. Jebens, judges
and Mr S. Quesada, Deputy Section Registrar,

Having regard to the above application lodged on 7 June 1999,

Having regard to the correspondence with the parties,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Tundjel Aliosma Mustafa, is a Bulgarian national who was born in 1968 and at the relevant time lived in Djebel. He was represented before the Court by Mr M. Ekimdjiev, a lawyer practising in Plovdiv. The respondent Government were represented by Mrs M. Dimova, co-agent, of the Ministry of Justice.

The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

In April 1994 criminal proceedings started against the applicant and other persons on charges of negligent exercise of management functions resulting in financial losses. The charges concerned the applicant's activity as a member of the liquidation board constituted to wind up an agricultural cooperative farm.

On 29 December 1994 the applicant was acquitted by judgment of the Kardjali Regional Court. Upon the prosecutor's appeal that judgment was quashed by the Supreme Court on 20 July 1995 and subsequently the case was referred for a renewed examination at the investigation stage.

On 14 August 1996 the applicant left Bulgaria. He stayed in the Netherlands until December 1998.

In the meantime the criminal proceedings against the applicant continued in his absence. In 1997 the Regional Court issued an order for the applicant's arrest as he had failed to appear and to indicate a change of address.

By judgment of 15 September 1998 the applicant was again acquitted. On 14 October 1998 the prosecutor appealed.

On 25 December 1998, upon entering Bulgaria, the applicant was arrested and remanded in custody pursuant to the 1997 order for his arrest. On 30 December 1998 he appealed against his detention.

On 8 January 1999 the Regional Court ordered the applicant's release. He was released on the same day.

On 25 February 1999 the applicant's acquittal was upheld by the Plovdiv Appellate Court.

COMPLAINTS

The applicant complained under Article 5 §§ 1 and 3 of the Convention that his detention had been unlawful and that he had not been brought before a judge or other officer authorised by law to exercise judicial power. He also complained under Article 3 of the Convention in respect of the conditions of his detention and under Article 6 § 1 about the length of the criminal proceedings against him.

THE LAW

On 18 November 2003, by decision of the President of the Chamber, notice of the application was given to the respondent Government. They were invited to submit written observations on the admissibility and merits of the case.

In December 2003 the applicant's lawyer informed the Court that the applicant had moved to the USA and that he was unable to contact him.

The Government's observations were submitted on 28 June 2004. In September 2004 the applicant was invited to submit a reply before 18 November 2004. As no reply was received, by registered letter of 3 December 2004, received by the applicant's lawyer on 9 December 2004, the applicant was warned that the Court might strike the case out of its list. No reply was received.

Having regard to the above circumstances, the Court finds that the applicant has lost interest in pursuing his application. By reference to Article 37 §§ 1(a) of the Convention, the Court considers that the case should be struck out of its list of cases. The Court finds no particular reasons concerning respect for human rights, as defined in the Convention and its Protocols, which would require further examination of the present application (Article 37 § 1 in fine of the Convention).

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Santiago Quesada Christos Rozakis 
 Deputy Registrar President

MUSTAFA v. BULGARIA DECISION


MUSTAFA v. BULGARIA DECISION