European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1300.html
Cite as: [2011] ECHR 1300
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FIRST SECTION
DECISION
Application no.
20975/06
by Yuriy Mikhaylovich BASHUROV
against
Russia
The European Court of Human Rights (First Section), sitting on 23 August 2011 as a Chamber composed of:
Nina
Vajić, President,
Anatoly
Kovler,
Peer
Lorenzen,
George
Nicolaou,
Mirjana
Lazarova Trajkovska,
Julia
Laffranque,
Linos-Alexandre
Sicilianos, judges,
and
Søren Nielsen,
Section Registrar,
Having regard to the above application lodged on 5 May 2006,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Yuriy Mikhaylovich Bashurov, is a Russian national who was born in 1983 and lives in Birobidzhan, the Yevreyskiy Autonomous 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’s complaints under Article 3 of the Convention concerning the beatings to which he had allegedly been subjected by police officers during an administrative arrest in response to his drunken behavior and the authorities’ alleged failure to effectively investigate the incident were 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 observations in reply. No reply was received to the Court’s letter.
By letter dated 1 February 2011, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 1 November 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. The applicant did not respond.
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