THIRD SECTION
DECISION
Application no. 21095/07
Igor Viktorovich AVDEYENKO
against Russia
The European Court of Human Rights (Third Section), sitting on 31 May 2016 as a Committee composed of:
Helena Jäderblom, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 27 April 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Igor Viktorovich Avdeyenko, is a Russian national, who had been born in 1982 and was detained in Vladivostok at the material time.
The Russian Government (“the 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 the conditions of detention and under Article 5 § 3 of the Convention about an excessive duration of pre-trial detention without relevant or sufficient reasons.
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 27 January 2016, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 7 January 2016 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 Court’s letter sent to the applicant’s prison address returned undelivered. No new address was provided.
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.
Done in English and notified in writing on 23 June 2016.
Stephen PhillipsHelena Jäderblom
RegistrarPresident
Full & Egal Universal Law Academy