European Court of Human Rights

FIRST SECTION

DECISION

Application no. 4128/05
by Sergey Aleksandrovich LAZAREV
against Russia

The European Court of Human Rights (First Section), sitting on 28 June 2011 as a Chamber composed of:

Nina Vajić, President,
Anatoly Kovler,
Peer Lorenzen,
Elisabeth Steiner,
Khanlar Hajiyev,
Julia Laffranque,
Linos-Alexandre Sicilianos, judges,
and Søren Nielsen, Section Registrar,

Having regard to the above application lodged on 30 December 2004,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Sergey Aleksandrovich Lazarev, is a Russian national who was born in 1975 and lives in Tver. He is currently serving a prison sentence in Vladimir. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.

The applicant complained under Article 5 of the Convention of the unlawfulness of his detention and under Articles 6 and 7 of numerous shortcomings in the criminal proceedings against him and of the length of those proceedings.

The applicant’s complaint under Article 6 concerning holding the appeal hearing in his criminal case in his absence was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.

By letters dated 14 June and 14 October 2010, sent by registered post, the applicant was notified that the period allowed for submission of the his observations had expired on 20 April 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 Nina Vajić
Registrar President