European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1793.html
Cite as: [2011] ECHR 1793
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FIRST SECTION
DECISION
Application no.
41636/08
by Mikhail Vyacheslavovich
SKVORTSOV
against Russia
The European Court of Human Rights (First Section), sitting on 11 October 2011 as a Chamber composed of:
Nina Vajić,
President,
Anatoly Kovler,
Peer
Lorenzen,
Elisabeth Steiner,
Khanlar
Hajiyev,
Linos-Alexandre Sicilianos,
Erik Møse,
judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 23 May 2008,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Mikhail Vyacheslavovich Skvortsov, is a Russian national who was born in 1963 and lives in Tula. 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 about poor conditions of his detention and its excessive length.
The applicant’s complaints 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 24 March 2011. No reply was received within the time-limit fixed.
By letter dated 25 May 2011 sent by registered mail, the applicant was notified that the period allowed for submission of his observations had expired on 24 March 2011 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 letter arrived at the applicant’s local post office, but remained unclaimed.
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