Article 3 of the European Convention on Human Rights: A Practitioner’s Handbook the application to the Court’s list. If the unilateral declaration does not contain a time-limit, the Court usually allows three months for the fulfilment.250 2.1.20 Strike Out Based on Article 37 of the Convention, the Court can strike cases out of its list under the following circumstances: 1. The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that a. the applicant does not intend to pursue his application; or b. the matter has been resolved; or c. for any other reason established by the Court, it is no longer justified to continue the examination of the application. However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the protocols thereto so requires. 2. The Court may decide to restore an application to its list of cases if it considers that the circumstances justify such a course. An application may be struck out of the Court’s list of cases by a Single Judge,251 a Committee252 or by a Chamber.253 a) Absence of Intention to Pursue the Application (Article 37 § 1 (a)) Article 37 § 1 of the Convention provides for an applicant’s withdrawal of his or her case. However, in dealing with a request for withdrawal, the Court must first examine whether respect for human rights as defined in the Convention and the Protocols nevertheless requires that the Court continue the examination of the application. For example, the case of Tyrer v. the United Kingdom concerned the applicant’s complaint regarding corporal punishment under Article 3 of the Convention. The applicant informed the Commission that he wished to withdraw his application. The Commission decided it could not accede to this request, “since the case raised questions of a general character affecting the observance of the Convention which necessitated a further examination of the issues involved”.254 The applicant took no further part in the proceedings but the Court examined the complaints 250 European Court of Human Rights, Case Processing, Unilateral Declarations, available online http://www. echr.coe.int/Pages/home.aspx?p=court/howitworks&c=#newComponent_1346158325959_pointer. 251 Rule 52A of the Rules of Court. 252 Article 28 of the Convention. 253 Rule 53 of the Rules of Court. 254 Tyrer v. the United Kingdom, no. 5856/72, 25 April 1978, § 21. 92

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