CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 22 février 1995

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }                          Application No. 22719/93                       by Jordanis VRATSIDIS                       against Greece        The European Commission of Human Rights (First Chamber) sitting in private on 22 February 1995, the following members being present:              Mrs.   J. LIDDY,   Acting President            MM.    C.L. ROZAKIS                  A.S. GÖZÜBÜYÜK                  A. WEITZEL                  M.P. PELLONPÄÄ                  B. MARXER                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  E. KONSTANTINOV                  G. RESS              Mrs.   M.F. BUQUICCHIO, Secretary to the Chamber        Having regard to Article 25 of the Convention for the Protection of Human Rights and Fundamental Freedoms;        Having regard to the application introduced on 19 July 1993 by Jordanis VRATSIDIS against Greece and registered on 30 September 1993 under file No. 22719/93;        Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;        Having deliberated;        Decides as follows:   THE FACTS        The applicant is a Greek citizen born in 1953 in Kazakhstan.        The facts of the case, as they have been submitted by the applicant, can be summarised as follows:        On 30 January 1979 the applicant was arrested at the international airport of Rome by the Italian authorities on the basis of an extradition request by the United Kingdom. He was held in detention until 3 January 1981 when he was extradited on the orders of the Court of Appeal of Florence.        On 28 July 1981 a court in England found the applicant guilty of a variety of offences and imposed on him the following sentences: life imprisonment on one count of attempted murder, life imprisonment on a second count of attempted murder, eighteen years imprisonment on a count of robbery, fifteen years imprisonment on a second count of robbery, two years imprisonment on a count of obtaining a passport by deception and two years imprisonment on a second count of obtaining a passport by deception. The overall result was that the applicant received a sentence of life imprisonment to run concurrently with an aggregate sentence of twenty two years imprisonment. The applicant claims that the first review of his case by the Parole Board was fixed for January 1994.        On 8 August 1990 the applicant was transferred to Greece in order to serve his sentence there in accordance with the European Convention on the Transfer of Sentenced Persons.        On 29 May 1991 the three-member first instance criminal court (Trimeles Plimmeleiodikeio) of Athens considered that the sentences imposed by the English criminal court were compatible with Greek criminal law and found that the applicant should serve in Greece the following sentences: life imprisonment on one count of attempted murder, life imprisonment on a second count of attempted murder, eighteen years imprisonment on a count of robbery, fifteen years imprisonment on a second count of robbery, two years imprisonment on a count of obtaining a passport by deception and two years imprisonment on a second count of obtaining a passport by deception. The Greek court refused to commute the applicant's sentences on the ground that he was a particularly dangerous person.        On 29 July 1991 the applicant lodged an appeal against the decision of 29 May 1991 of the three-member first instance criminal court with the Court of Cassation (Areios Pagos). He has not informed the Commission of the grounds of his appeal.        On 11 November 1991 he lodged a complaint with the Ministry of Justice. He has failed to inform the Commission of the subject-matter of his complaint.        The hearing of the applicant's appeal in cassation was adjourned on 6 December 1991 as a result of a lawyers' strike.        By letter of 23 June 1992 the Ministry of Justice advised the applicant that, if he disagreed with the manner in which the time he had to spend in detention had been calculated, he should lodge an application with the first instance criminal court of his place of detention.        The applicant lodged such an application with the first instance criminal court of Corfu which was rejected on 10 June 1993.   COMPLAINTS        The applicant complains of the failure of the Greek court, which adapted the sentence imposed on him in England, to take account of the fact that the overall sentence imposed on him by the English court was a "discretionary" life sentence to run concurrently with an aggregate of twenty two years of fixed terms of imprisonment. As a result, he lost the opportunity to be released on parole in January 1994. He invokes in this connection Articles 3 and 13 of the Convention.   REASONS FOR THE DECISION        The Commission notes that by letter of 20 September 1994, addressed to the prison of Alikarnassos where he was being detained, the applicant was requested to provide additional information to the Commission concerning the issue of exhaustion of domestic remedies and to furnish copies of certain court decisions. The applicant having failed to reply, a reminder was sent to him by registered mail with "avis de reception" on 22 November 1994. The letter was returned unopened, the applicant not being known in the Alikarnassos prison.        Given the applicant's failure to reply to the Commission's request for information and to indicate his new address, the Commission concludes under Article 30 para. 1 (a) of the Convention that the applicant no longer intends to pursue his petition. It further considers that respect for Human Rights as defined in the Convention does not require it to continue the examination of the application.        For these reasons, the Commission, unanimously        DECIDES TO STRIKE THE APPLICATION OUT OF THE LIST OF CASES.        Secretary                              Acting President to the First Chamber                      of the First Chamber     (M.F. BUQUICCHIO)                             (J. LIDDY)