European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/1693.html
Cite as: [2010] ECHR 1693
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FIRST SECTION
DECISION
Application no.
3552/08
by Rusiko Ilyinichna ABAYEVA and Others
against Russia
The European Court of Human Rights (First Section), sitting on 30 September 2010 as a Chamber composed of:
Christos Rozakis, President,
Nina
Vajić,
Anatoly Kovler,
Elisabeth
Steiner,
Khanlar Hajiyev,
Dean
Spielmann,
Sverre Erik Jebens, judges,
and André
Wampach, Deputy
Section Registrar,
Having regard to the above application lodged on the dates indicated below,
Having regard to the observations submitted by the Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
THE FACTS
The applicants in the present case are three Russian nationals, Ms Rusiko Ilyinichna Abayeva, Mr Mikhail Kharitonovich Abayev and Ms Diana Nodariyeva Laliashvili, born in 1945, 1940 and 1982 respectively. They live in the Republic of North Ossetia. The Russian Government (“the Government”) are 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. The applicants sued the State authorities for payment of compensation of damage caused by their relative's death during military service. On 3 May 2007 the Promyshlennyy District Court of Vladikavkaz of the Republic of North Ossetia ordered the authorities to make monetary payments in favour of each applicant. The judgment became binding on 3 July 2007 and was executed on 7 March 2008.
COMPLAINTS
The applicants complained under various Convention Articles about the delayed enforcement of the judgments and submitted that their efforts to obtain the enforcement of the judgments by domestic means proved ineffective.
THE LAW
By letters of 22 September 2009 Mr Abayev and Ms Abayeva, and by letter of 15 October 2009 Ms Laliashvili informed the Court that they wanted to withdraw the applications.
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of Article 37 § 1 (a) of the Convention. The Court further notes that the domestic awards in favour of all applicants had been executed.
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 discontinue the application of Article 29 § 3 and to strike the application out of the Court's list of cases.
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.
André Wampach Christos Rozakis
Deputy Registrar President
