FIRST SECTION
DECISION
Application no. 36028/07
Leonid Dmitriyevich BUYSKIKH
against Russia
The European Court of Human Rights (First Section), sitting on 4 November 2014 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Dmitry Dedov, judges,
and Søren Prebensen, Acting Deputy Section Registrar,
Having regard to the above application lodged on 17 July 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Leonid Dmitriyevich Buyskikh, was a Russian national, who was born in 1953 and lived in the town of Abakan, Khakasiya Republic. He was represented before the Court by Mr V. Lepekhin, a lawyer practicing in Abakan. On 17 January 2008 the applicant died. His sister, Ms Yelizaveta Dmitriyevna Buyskhikh, informed the Court of the applicant’s death, having expressed her wish to pursue the application originally introduced by her brother. Ms Y. Buyskhikh is also represented by Mr Lepekhin.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 3 of the Convention about the poor quality of the medical services in detention.
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 18 June 2014, sent by registered post, the applicant’s and his sister’s representative was notified that the period allowed for submission of his observations had expired on 22 April 2014 and that no extension of time had been requested. The applicant’s representative’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’s representative received this letter on 6 July 2014. 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 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.
Søren PrebensenKhanlar Hajiyev
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy