European Court of Human Rights

FIRST SECTION

DECISION

Application no. 48973/09
Olga Anatolyevna KOLESOVA
against Russia

The European Court of Human Rights (First Section), sitting on 31 January 2012 as a Chamber composed of:

Nina Vajić, President,
Anatoly Kovler,
Peer Lorenzen,
Khanlar Hajiyev,
Mirjana Lazarova Trajkovska,
Julia Laffranque,
Erik Møse, judges,
and Søren Nielsen, Section Registrar,

Having regard to the above application lodged on 5 August 2009,

Having deliberated, decides as follows:

THE FACTS

The applicant, Ms Olga Anatolyevna Kolesova, is a Russian national who was born in 1968 and lives in Maykop, the Republic of Adygeya. 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 6 § 1 of the Convention that she had been convicted of a criminal offence which had been allegedly committed only because of the incitement by an agent provocateur primed by the police.

By letter dated 17 March 2011 the Government’s observations were sent to the applicant, who was requested to submit any observations in reply, together with any claims for just satisfaction, by 19 May 2011.

By letter dated 12 October 2011, sent by registered post, the applicant was notified that the period allowed for submission of the her observations had expired on 19 May 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 applicant received this letter on 29 October 2011. However, no response has been received.

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her 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