European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1174.html
Cite as: [2011] ECHR 1174
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FIRST SECTION
DECISION
Application no.
36799/05
by Aleksandr Mikhaylovich
KORZHENEVICH
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 16 September 2005,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Aleksandr Mikhaylovich Korzhenevich, was a Russian national who was born in 1945 and lived in Zima, in the Irkutsk Region. 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 that his granddaughter, whom he and his wife had been upbringing since early childhood, had died as a result of allegedly inadequate medical assistance and that the domestic authorities had failed to carry out an effective and prompt investigation.
On 10 November 2010 the Court decided to give notice of the above application to the Government.
On 15 March 2011 the Government submitted their observations on the admissibility and merits of the application. It was noted from the above observations that the applicant had died on 5 May 2006.
On 29 March 2011 a letter was sent to the applicant’s address by registered post enquiring whether the applicant’s wife or any other heirs wished to pursue the above application before the Court.
On 15 April 2011 the letter was returned undelivered. The post office indicated that the addressee does not live anymore at the given address.
No other address is contained in the case file.
THE LAW
It has been the Court’s practice to strike applications out of the list of cases under Article 37 § 1 of the Convention in the absence of any heir or close relative who has expressed the wish to pursue an application (see Léger v. France (striking out) [GC], no. 19324/02, § 44, ECHR 2009 ..., with further references). From the developments set out above it appears that the applicant died in the course of the proceedings. No heirs or close relatives have expressed the wish to pursue the application on his behalf. As the Court finds no special circumstances regarding respect for human rights which require the continued examination of the case (contrast Karner v. Austria, no. 40016/98, §§ 24 28, ECHR 2003 IX), it considers it appropriate to strike the application out of its list of cases under Article 37 § 1 (c) of the Convention.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Søren Nielsen Nina
Vajić
Registrar President