European Court of Human Rights

FIRST SECTION

DECISION

Application no. 22209/07
Aleksey Gennadyevich USHAKOV
against Russia

The European Court of Human Rights (First Section), sitting on 17 January 2012 as a Chamber composed of:

Nina Vajić, President,
Anatoly Kovler,
Elisabeth Steiner,
Mirjana Lazarova Trajkovska,
Julia Laffranque,
Linos-Alexandre Sicilianos,
Erik Møse, judges,
and Søren Nielsen, Section Registrar,

Having regard to the above application lodged on 22 March 2007,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Aleksey Gennadyevich Ushakov, was a Russian national who was born in 1969 and lived in the Moscow Region. On 15 July 2009 the applicant died and his mother Ms Nadezhda Ushakova expressed her wish to pursue the proceedings before the Court. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation before the European Court of Human Rights.

The applicant complained under Article 3 of the Convention about the conditions of his detention and lack of adequate medical assistance in the remand prison where he had been detained pending the criminal proceedings against him. He further alleged under Article 6 of the Convention that the criminal proceedings against him had been unfair.

The applicant’s complaints concerning the conditions of his detention were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant’s mother, who was invited to submit her own observations. No reply was received to the Court’s letter.

By letter dated 17 August 2011, sent by registered post, Ms Ushakova was notified that the period allowed for submission of the observations had expired on 3 June 2011 and that no extension of time had been requested. Her 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. Ms Ushakova received this letter on 4 October 2011. However, no response followed.

THE LAW

The Court considers that, in these circumstances, the applicant’s mother 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