FIRST SECTION
DECISION
Application no. 11122/08
Rumiya Mukhamedovna BATTALOVA
against Russia
The European Court of Human Rights (First Section), sitting on 23 June 2015 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 10 January 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Rumiya Mukhamedovna Battalova, is a Russian national, who was born in 1946 and lives in Nizhniy Odes of the Republic of Komi.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation before the European Court of Human Rights.
The applicant complained under Article 2 of the Convention in its procedural limb about the allegedly ineffective investigation into the circumstances of her son’s death.
The applicant’s complaint under Article 2 in its procedural limb was 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 her own observations. No reply was received to the Registry’s letter.
By letter dated 9 February 2015, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 11 November 2015 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 applicant received this letter on 7 March 2015. 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 her 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 16 July 2015.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
Full & Egal Universal Law Academy