European Court of Human Rights

FIRST SECTION

DECISION

Application no. 34075/05
Aleksandr Nikolayevich VINOGRADOV
against Russia

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

Mirjana Lazarova Trajkovska, President,
Anatoly Kovler,
Erik Møse, judges,
and André Wampach, Deputy Section Registrar,

Having regard to the above application lodged on 10 August 2005,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Aleksandr Nikolayevich Vinogradov, is a Russian national who was born in 1956 and lives in Novovoronezh, Voronezh Region. He is represented before the Court by Mr V. Vyalykh, a lawyer practising in Novovoronezh. The Russian Government (“the Government”) are represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.

The applicant was convicted by a final decision of the Voronezh Regional Court of 15 May 2005 of manslaughter and released following expiration of the statutory time-limit for his criminal prosecution.

COMPLAINTS

The applicant complained under Article 6 § 1 of unlawful composition of the trial court and length of the criminal proceedings against him. He also relied on Article 6 § 3 (a) to complain that the authorities had failed to issue new charges against him after remittal of the case for additional investigation and on Article 6 § 3 (d) to complain of inability to examine in court certain witnesses following their death in the course of the lengthy consideration of his case.

THE LAW

By letter dated 13 January 2001 the Government’s observations were sent to the applicant’s representative, who was requested to submit any observations together with any claims for just satisfaction in reply by 17 March 2011.

By letter dated 27 May 2011, sent by registered post, the applicant’s representative was notified that the period allowed for submission of the applicant’s observations had expired on 17 March 2011 and that no extension of time had been requested. The applicant’s representative’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’s representative received this letter on 17 June 2011. However, no response followed.

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.

André Wampach Mirjana Lazarova Trajkovska
Deputy Registrar President