European Court of Human Rights

FIRST SECTION

DECISION

Application no. 22800/05
Andrey Aleksandrovich GERODOTOV
against Russia

The European Court of Human Rights (First Section), sitting on 13 March 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 9 June 2005,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Andrey Aleksandrovich Gerodotov, is a Russian national who was born in 1977 and lives in Yagul. He is represented before the Court by Mr R. Latypov, a lawyer 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 complained, inter alia, under Articles 3 and 13 of the Convention about the conditions of his detention and the lack of effective remedy in that respect and under Article 5 of the Convention about the length and review of his pre-trial detention.

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. No reply was received to the Registry’s letter.

By letter dated 25 November 2011, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 7 November 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 22 December 2011. However, no response has been received.

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.

André Wampach Mirjana Lazarova Trajkovska
Deputy Registrar President