European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/833.html
Cite as: [2011] ECHR 833
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FIRST SECTION
DECISION
Application no.
25017/09
by Zikriyekhon Dzhalolovich DZHALILOV
against Russia
The European Court of Human Rights (First Section), sitting on 17 May 2011 as a Chamber composed of:
Nina
Vajić,
President,
Anatoly
Kovler,
Elisabeth
Steiner,
Khanlar
Hajiyev,
George
Nicolaou,
Mirjana
Lazarova Trajkovska,
Julia
Laffranque,
judges,
and
Søren Nielsen, Section
Registrar,
Having regard to the above application lodged on 13 May 2009,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Zikriyekhon Dzhalolovich Dzhalilov, an Uzbekistani national who was born in 1986 and came from Kokand, Uzbekistan. He was represented before the Court by Mr B. Boldanov and subsequently by Ms E. Davydyan, lawyers practising in Moscow. 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 was detained in Russia with a view to his extradition to Uzbekistan.
The applicant complained under Articles 3, 5 §§ 1 and 4 and 6 § 2 of the Convention that, if extradited to Uzbekistan, he would be ill-treated, that his detention pending extradition in Russia was unlawful and that he could not obtain review of lawfulness of such detention, as well as that his right to be presumed innocent until proven otherwise by a court had been breached.
On 30 September 2009 the Court decided to give notice to the Government of the applicant’s complaints detailed above.
The parties exchanged their observations on the admissibility and merits of the application.
On 23 April 2010 the applicant was released from detention under an obligation not to leave his place of residence in Moscow.
On 2 and 25 September 2010 the applicant’s representative informed the Court that the applicant had voluntarily left for Uzbekistan without notifying his lawyers about it or giving any instructions in respect of his application.
On 29 March 2011 the Government informed the Court that they did not have information on the applicant’s whereabouts after 23 April 2010.
The applicant has not contacted the Court and has not provided any information on his current whereabouts.
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