THIRD SECTION
DECISION
Application no. 44900/12
Marina Mikhaylovna BUCHINCHIK
against Russia
The European Court of Human Rights (Third Section), sitting on 17 May 2016 as a Committee composed of:
Helen Keller, President,
Johannes Silvis,
Alena Poláčková, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 18 June 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Marina Mikhaylovna Buchinchik, is a Russian national, who was born in 1960 and lives in Kaliningrad.
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 6 of the Convention about lack of effective assistance of the national authorities in enforcement of judgments against a private party.
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 her own observations. No reply was received to the Registry’s letter.
By letter dated 12 January 2016, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 24 August 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. This letter was returned to the Court marked by the post office as ‘unclaimed’.
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 9 June 2016.
Stephen PhillipsHelen Keller
RegistrarPresident
Full & Egal Universal Law Academy