European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1536.html
Cite as: [2011] ECHR 1536
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FIRST SECTION
DECISION
Application no.
8892/05
by Sergey Anatolyevich IVANOV
against
Russia
The European Court of Human Rights (First Section), sitting on 20 September 2011 as a Chamber composed of:
Nina Vajić,
President,
Anatoly Kovler,
Peer
Lorenzen,
Elisabeth Steiner,
Khanlar
Hajiyev,
Mirjana Lazarova Trajkovska,
Julia
Laffranque, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 4 March 2005,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Sergey Anatolyevich Ivanov, is a Russian national who was born in 1978 and lives in Pechera in the Republic of Komi. 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 3 of the Convention that the conditions of his pre-trial detention had been inadequate, and under Article 5 that his detention had been unlawful.
The applicant’s complaints under Articles 3 and 5 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 his own observations by 25 November 2010. No reply was received within the time-limit fixed.
By letters dated 2 February 2011 sent by registered mail to the penitentiary facility where the applicant served his sentence and to his home address, the applicant was notified that the period allowed for submission of his observations had expired on 25 November 2010 and that no extension of time had been requested. His 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 letters were received on 17 and 24 February 2011. However, 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