FIFTH SECTION
DECISION
Application no. 11657/12
Umar Khasanovich ABUYEV
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 8 January 2013 as a Committee composed of:
Angelika Nußberger, President,
André Potocki,
Paul Lemmens, judges,
and Stephen Phillips, Deputy Section Registrar.
Having regard to the above application lodged on 27 February 2012,
Having regard to the factual developments in the case subsequent to its communication to the Government, as well as the applicant’s consent to have the application struck out of the list of cases before the Court,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Umar Khasanovich Abuyev, is a Russian national, who was born in 1961 and lives in Kyiv, Ukraine. He was represented before the Court by Mr O.V. Levytskyy, a lawyer practising in Kyiv.
The Ukrainian Government (“the Government”) were represented by their Agent, Mr Nazar Kulchytskyy.
The Russian Government expressed their wish to intervene in the proceedings under Article 36 § 1 of the Convention.
Between 1999 and 2006 the applicant occupied high-ranking posts in the oil industry of the Chechnya. In 2004 he was an opposition candidate during the Chechen presidential elections.
In his application form he complained, in particular, that in the event of his extradition to the Russian Federation, which by that time had been requested by the Russian General Prosecutor’s Office, he would face the risk of being subjected to ill-treatment by the Chechen authorities.
On 12 July 2012 the Acting President of the Chamber decided to indicate to the Ukrainian Government, under Rule 39 of the Rules of Court, that the applicant should not be extradited to the Russian Federation for the duration of the proceedings before the Court. It was also decided to grant the application priority treatment under Rule 41 of the Rules of Court.
On 10 August 2012 the State Migration Service of Ukraine granted refugee status to the applicant. On that ground, on 28 August 2012 the Ukrainian Ministry of Justice rejected the Russian General Prosecutor’s request for the applicant’s extradition.
On 3 September 2012 the Ukrainian Government informed the Court of the aforementioned factual developments in the case and expressed a view that the applicant could no longer claim to be a victim of the alleged violations associated with his possible extradition to Russia, for the risk of such extradition ceased to exist.
On 10 September 2012 the Acting President of the Section, in the light of this new information, decided to lift the interim measure previously indicated under Rule 39 of the Rules of Court. It was also decided that the priority treatment of the application under Rule 41 be discontinued.
On 11 September 2012 the applicant was informed of the above decisions and was invited to indicate whether in these circumstances he still wished to pursue his case.
On 2 October 2012 the applicant informed the Court that he agreed that his application be struck out of the list of cases.
On 9 November 2012 the Court transmitted that letter to the Ukrainian and the Russian Governments for information. They did not comment.
The Court considers that, in these circumstances, the applicant does not intend 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.
Stephen PhillipsAngelika Nußberger
Deputy RegistrarPresident
Full & Egal Universal Law Academy