European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/1709.html
Cite as: [2010] ECHR 1709
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FIRST SECTION
DECISION
Application no.
51352/07
by Sergey Aleksandrovich KONDRASHOV
against Russia
The European Court of Human Rights (First Section), sitting on 14 October 2010 as a Chamber composed of:
Christos Rozakis, President,
Nina
Vajić,
Anatoly Kovler,
Elisabeth
Steiner,
Khanlar Hajiyev,
Giorgio
Malinverni,
George Nicolaou, judges,
and Søren Nielsen, Registrar,
Having regard to the above application lodged on 1 October 2007,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Sergey Aleksandrovich Kondrashov, a Russian national who was born in 1978 and who until recently served a sentence of imprisonment in correctional colony IK-3 of the Lipetsk Region. The respondent Government were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 6 § 1 of the Convention that he had been incited by the police officers, acting through their agent, to commit the offence of supply of drugs. The Government contested the applicant's assertion.
On 23 October 2009 the Court gave notice of the above application to the parties.
On 12 February 2010 the Government's observations on the admissibility and merits of the application were received, and on 16 February 2010 the applicant was invited to submit his written observations in reply by 20 April 2010.
In the meantime, a letter was received from the correctional colony, enclosing the Registry's correspondence of 23 October 2009 and informing that the applicant had left the above facility.
On 25 May 2010 the copies of the Registry's letters of 23 October 2009 and 16 February 2010 were sent to another address featuring in the case file. The time-limit allowed for submission of the applicant's observation was extended to 3 August 2010. The applicant's attention was further 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. No reply followed.
THE LAW
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 Christos Rozakis
Registrar President
