European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/2051.html
Cite as: [2010] ECHR 2051
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FIRST SECTION
DECISION
Application no.
2655/04
by Vladimir Sergeyevich SHIROKOV
against Russia
The European Court of Human Rights (First Section), sitting on 25 November 2010 as a Chamber composed of:
Christos Rozakis,
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 20 November 2003,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Vladimir Sergeyevich Shirokov, is a Russian national who was born in 1971 and who is currently serving a sentence of imprisonment. He was represented before the Court by Ms I. Tsygankova, a lawyer practising in Kaluga. The respondent Government were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained, inter alia, under Article 3 of the Convention about conditions of his detention in the temporary detention ward and under Article 6 §§ 1 and 3 (d) about inability to question the experts who carried out expert examinations in the criminal case against him.
On 31 August 2009 the Court gave notice of the above complaints to the parties.
On 20 January 2010 the Government’s observations on the admissibility and merits of the application were received, and on 22 January 2010 the applicant was invited to submit his written observations in reply by 26 March 2010. No reply was received to the Registry’s letter.
By letter dated 16 June 2010, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 26 March 2010 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. No response 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
