FIRST SECTION
DECISION
Application no. 30916/06
Sergey Vasilyevich ANASHKIN
against Russia
The European Court of Human Rights (First Section), sitting on 19 February 2013 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Erik Møse, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 17 June 2006,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Sergey Vasilyevich Anashkin, was a Russian national, who was born in 1970 and lived until his arrest in St. Petersburg.
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 3 of the Convention that he had been infected with hepatitis C, that his health had seriously deteriorated in detention, that the authorities had failed to effectively inquire into the cause of the infection and that he did not benefit from adequate medical assistance in respect of that life-threatening virus.
On 13 June 2012 the application was communicated to the respondent Government. On 10 October 2012 the Government informed the Court that the applicant had died on 14 June 2008.
On 15 October 2012 the Court sent a letter to the applicant’s wife, having asked her to indicate a person who wished to pursue the proceedings in the present case in respect of the applicant. Her attention was also drawn to Article 37 § 1 of the Convention setting out the requirements for striking a case out of the Court’s list of cases. The Court’s letter of 15 October 2012 reached the applicant’s wife on 12 November 2012. No response followed.
THE LAW
The Court notes that no request has been submitted by the applicant’s heirs to pursue the examination of the case. In these circumstances the Court concludes that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (c) 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.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
Full & Egal Universal Law Academy