FIRST SECTION
DECISION
Applications nos. 5987/13 and 13686/13
Yevgeniy Vladimirovich BELYAEV against Russia
and Gennadiy Nikolayevich DOROSHCHENKO against Russia
The European Court of Human Rights (First Section), sitting on 21 April 2015 as a Committee composed of:
Mirjana Lazarova Trajkovska, President,
Paulo Pinto de Albuquerque,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above applications lodged on 17 January 2013 and 28 January 2013 respectively,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case, Mr Yevgeniy Vladimirovich Belyaev, is a Russian national, who was born in 1976 and is detained in Nizhniy Tagil. He was represented before the Court by Mr K.F. Ramazanov, a lawyer practising in Nizhniy Tagil.
The applicant in the second case, Mr Gennadiy Nikolayevich Doroshchenko, is a Russian national, who was born in 1975 and is detained in Krasnoyarsk.
The Russian Government (“the Government”) were represented by their Agent, Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The applicants complained under Article 6 §§ 1 and 3 (d) of the Convention about the inability to examine witnesses testifying against them.
The applicants’ complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter from the applicants. The Registry attempted to contact the applicants individually, as set out below. Their 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.
By letters dated 4 November 2014, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 11 September 2014. On 29 November and 3 December 2014 respectively the applicants received the letters but failed to respond. No correspondence has been received from them thereafter.
THE LAW
Having regard to the similarity of the issues under the Convention in the above cases, the Court decides to join the applications and consider them in a single decision.
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, 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 cases.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 21 May 2015.
André WampachMirjana Lazarova Trajkovska
Deputy RegistrarPresident
Full & Egal Universal Law Academy