European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/1764.html
Cite as: [2010] ECHR 1764
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FIRST SECTION
DECISION
Application no. 1911/07
by
Albina Alevutdinovna MAGOMEDOVA and
Ayna Alevutdinovna
MAGOMEDOVA
against Russia
The European Court of Human Rights (First Section), sitting on 14 October 2010 as a Committee composed of:
Elisabeth
Steiner,
President,
Anatoly
Kovler,
George
Nicolaou, judges,
and Andre Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 11 November 2006,
Having deliberated, decides as follows:
THE FACTS
The applicants, Ms Albina Alevutdinovna Magomedova and Ayna Alevutdinovna Magomedova are Russian nationals who were born in 1978 and 1984 respectively and live in Makhachkala. They are represented before the Court by Mr A. Kurbanov, a lawyer practising in Kaspiysk. The Russian Government (“the Government”) are represented by their Agent, Mr G. Matyushkin, the Representative of the Russian Federation at the Court.
The applicants complained under Articles 2, 3, 5, 8 and 13 of the Convention that their father's right to life had been violated, that the first applicant and her father had been ill-treated by law-enforcement officers during their unlawful detention and that State agents had exerted psychological pressure on the applicants, who had no effective remedies in respect of their complaints.
The complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry's letter.
By letter dated 1 March 2010, sent by registered post, the applicants' representative was informed that the period allowed for submission of the applicants' observations had expired on 19 November 2009 and that no extension of time had been requested. The applicants' representative'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 applicants do not intend to pursue the application. The applicants' representative received this letter on 30 March 2010. However, no response followed. The applicants' last letter to the Court dates back to August 2007.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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.
Andre Wampach Elisabeth Steiner
Deputy Registrar President
