European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2009/2141.html
Cite as: [2009] ECHR 2141
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FIRST SECTION
DECISION
Application no.
9539/05
by Nikolay Ivanovich KOGOL
against Russia
The European Court of Human Rights (First Section), sitting on 3 December 2009 as a Chamber composed of:
Nina Vajić, President,
Anatoly
Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik
Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 5 February 2005,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Nikolay Ivanovich Kogol, is a Russian national who was born in 1963 and lives in Deputatskiy, the Sakha (Yakutiya) Repiblic. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
The facts of the case, as submitted by the parties, may be summarised as follows.
By a judgment of the Ust-Yanskiy District Court of the Sakha (Yakutiya) Republic of 23 May 2003, as upheld on 9 July 2003 by the Supreme Court of the Sakha Republic, the applicant was awarded 98,068.83 Russian roubles to be paid by the Government at the expense of the federal treasury.
On 12 August 2004 the Presidium of the Supreme Court of the Sakha (Yakutiya) Republic quashed the judgment of 23 May 2003 and the appeal decision of 9 July 2003 on supervisory review on the ground of a violation of the substantive law and delivered a new judgment in which it dismissed the applicant’s claim in full.
COMPLAINT
The applicant complained under Article 1 of Protocol No. 1 and Article 13 of the Convention about the quashing of the judgments in his favour.
THE LAW
By letter dated 26 August 2008 the Government’s observations were sent to the applicant, who was requested to submit any observations together with any claims for just satisfaction in reply by 25 October 2008.
By letter dated 16 February 2009, sent by registered post, the applicant was notified that the period allowed for submission of the applicant’s observations had expired on 25 October 2008 and that no extension of time had been requested. The applicant’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicant received this letter on 31 March 2009. However, no response has been received.
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Søren Nielsen Nina Vajić
Registrar President