CEDH · CASELAW;DECISIONS;DECCOMMISSION;ENG — 4 juillet 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. 22997/93                       by Dimitrios BUZUNIS                       against Greece         The European Commission of Human Rights (First Chamber) sitting in private on 4 July 1995, the following members being present:              Mrs.   J. LIDDY, Acting President            MM.    C.L. ROZAKIS                  E. BUSUTTIL                  A.S. GÖZÜBÜYÜK                  A. WEITZEL                  M.P. PELLONPÄÄ                  B. MARXER                  G.B. REFFI                  B. CONFORTI                  N. BRATZA                  I. BÉKÉS                  E. KONSTANTINOV                  G. RESS                  A. PERENIC                  C. BÎRSAN              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 4 August 1993 by Dimitrios BUZUNIS against Greece and registered on 23 November 1993 under file No. 22997/93;         Having regard to the report provided for in Rule 47 of the Rules of Procedure of the Commission;         Having regard to :   -      the Commission's decision of 2 December 1994 to declare       inadmissible part of the application and communicate the       remainder;   -      the observations submitted by the respondent Government on       9 February 1995;   -      the applicant's letter received on 27 March 1995 and his letter       dated 19 April 1995.         Having deliberated;         Decides as follows:   THE FACTS         The applicant is a Greek citizen, born in 1938 in Argolida.         The facts of the case, as they have been submitted by the parties, may be summarised as follows:         On 16 July 1986 the applicant was arrested by the Italian police in international waters for drug trafficking. He was placed in detention on remand. On 4 December 1987 he was found guilty by the First Instance Criminal Court of Bari and sentenced to 5 years' imprisonment and a fine of 5,000,000 lire. The court further ordered the suspension of the execution of the sentence and the applicant's immediate expulsion from Italy. The applicant was duly expelled from the country. He lodged, however, an appeal which was heard on 30 November 1990. The court of appeal reduced his sentence to three years and four months.         On 31 December 1991 the Greek authorities ordered the applicant's arrest for drug-trafficking in connection with the same set of facts. On 12 February 1992 the Public Prosecutor of the Court of Appeal of Piraeus summoned the applicant as well as ten other persons to appear before the three-member Court of Appeal (trimeles efetio) of Piraeus, which was competent to hear the case at first instance due to the nature of the offences, on 18 December 1992.         The applicant was arrested on 1 September 1992. On 18 December 1992 he appeared before the Court of Appeal and requested an adjournment on the ground that his lawyer was participating in a strike organised by the Athens Bar. The court granted the applicant's request and adjourned until 3 March 1993.         On 3 March 1993 the applicant asked for another adjournment on the ground that his lawyer continued to be on strike. His request was satisfied and the hearing was adjourned until 2 June 1993.         On 2 June 1993 the case was heard. On 3 June 1993 the applicant was sentenced to 17 years' imprisonment. The court decided to deduct from the applicant's sentence the period he had spent in detention on remand in Italy and Greece. The applicant lodged an appeal.         On 3 June 1994 the five-member court of appeal (pentameles efetio) of Piraeus adjourned the hearing at the applicant's request until 25 January 1995 due to the lawyers' strike.         On 25 January 1995 the court decided to adjourn the examination of the appeal once again at the request of one of the applicant's co- accused whose lawyer was ill. The applicant's lawyer did not oppose the request. A new hearing was fixed for 2 June 1995.   COMPLAINTS         The applicant complains about the length of the criminal proceedings instituted against him in Greece. He does not invoke any specific provision of the Convention.   PROCEEDINGS BEFORE THE COMMISSION         The application was introduced on 4 August 1993 and registered on 23 November 1993.         On 2 December 1994 the Commission declared inadmissible the application insofar as it concerned the applicant's complaint that the proceedings against him in Greece were in breach of the ne bis in idem principle. It also invited the Government to submit written observations on the admissibility and merits of the applicant's complaint raised in a letter addressed to the Commission on 24 June 1994 regarding the length of the criminal proceedings instituted against him in Greece, pursuant to Rule 48 para. 2 (b) of the Rules of Procedure.         The Government's written observations were submitted on 9 February 1995. The applicant was invited to submit observations in reply before 10 April 1995.         On 27 March 1995 the Commission received a letter from the applicant in which he only elaborated on the complaint which had been declared inadmissible and claimed that he never wished to complain about the length of the proceedings. On 6 April 1995 he was invited to clarify whether he wished to maintain his complaint concerning the length of the criminal proceedings instituted against him in Greece.         On 19 April 1995 the applicant informed the Commission that he wished to "maintain" the complaint which had been declared inadmissible. On 19 May 1995 the applicant was reminded that the time- limit for the submissions of his observations in reply concerning his complaint concerning the length of the proceedings had expired and that no extension request had been received. The applicant's attention was drawn to the provisions of Article 30 of the Convention.   No reply has been received.   REASONS FOR THE DECISION         The Commission notes that the applicant has not submitted observations in reply within the time-limit set by the Commission concerning the complaint about the length of the criminal proceedings instituted against him in Greece. Moreover, in a letter received by the Commission on 27 March 1995 the applicant claimed that he never wished to complain about the length of the proceedings.         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 REMAINDER OF THE APPLICATION OUT OF THE       LIST OF CASES.         Secretary to                               Acting President of     the First Chamber                              the First Chamber       (M.F. BUQUICCHIO)                                  (J. LIDDY)