FIRST SECTION
DECISION
Application no. 24702/08
Mikhail Dmitriyevich ANDRIYANOV
against Russia
The European Court of Human Rights (First Section), sitting on 14 January 2014 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Dmitry Dedov, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 31 March 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Mikhail Dmitriyevich Andriyanov, is a Russian national, who was born in 1956 and lived in Astrakhan. On 31 March 2010 the applicant died.
The respondent Government were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 3 of the Convention about his ill‑treatment by the police from 29 April to 6 May 2005, under Article 5 § 3 of the Convention about the unreasonable length of his detention on remand and under Article 6 of the Convention about the unfairness of the criminal proceedings against him.
The applicant’s complaint under Article 5 § 3 of the Convention was communicated to the Government, who submitted their observations on the admissibility and merits. On 11 April 2013 the observations were forwarded to the applicant’s family members at his last known address, who were invited to inform the Court about their intention to pursue his application and to submit their own observations by 7 June 2013. No reply was received to the Registry’s letter. No other address is contained in the case file.
THE LAW
It has been the Court’s practice to strike applications out of the list of cases under Article 37 § 1 of the Convention in the absence of any heir or close relative who has expressed the wish to pursue an application (see Léger v. France (striking out) [GC], no. 19324/02, § 44, 30 March 2009). From the developments set out above it appears that the applicant died in the course of the proceedings. No heirs or close relatives have expressed the wish to pursue the application on his behalf. As the Court finds no special circumstances regarding respect for human rights which require the continued examination of the case, it considers it appropriate to strike the application out of its list of cases under Article 37 § 1 (c) of the Convention.
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