FIRST SECTION
DECISION
Application no. 44256/08
Aleksandr Ivanovich BYATENKOV and others
against Russia
The European Court of Human Rights (First Section), sitting on 3 July 2012 as a Committee composed of:
Linos-Alexandre Sicilianos, President,
Anatoly Kovler,
Erik Møse, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 8 July 2008,
Having deliberated, decides as follows:
THE FACTS
The applicants are twenty-seven Russian nationals living in the Sysolskiy District of the Komi Republic. Their names and years of birth are tabulated below. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
On the dates tabulated below the Justice of the Peace of the Sysolskiy Court Circuit of the Komi Republic by separate judgments ordered a municipal unitary enterprise “Sysolskoye proizvodstvennoye obyedineniye “Zhilkomkhoz” («МУП «Сысольское производственное объединение «Жилкомхоз») to pay the applicants salary arrears. The awards remained unenforced. The applicants complained under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 about non-enforcement of the final domestic court judgments in their favour.
On 18 May 2011 the Court communicated the case to the respondent Government under Rule 54 § 2 (b) of the Rules of Court.
By letter of 21 September 2011 the applicants were invited to submit, by 23 November 2011, their comments on the Government’s observations, together with any claims for just satisfaction. The applicants did not reply.
By letter dated 20 January 2012 sent by registered post, the applicants were notified that the period allowed for submission of the observations had expired on 23 November 2011 and that no extension of time had been requested. The applicants’ 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 applicants do not intend to pursue the application. As it follows from the acknowledgment-of-receipt card which returned to the Court, on 21 February 2012 Mr Kiryakov, the applicant who acted as contact person for the others applicants in the present case, received the strike-out warning. No response followed.
THE LAW
Having regard to the correspondence with the applicants, the Court finds that they may be regarded as no longer wishing to pursue their 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.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
André WampachLinos-Alexandre Sicilianos
Deputy RegistrarPresident
APPENDIX
The applicants’ names
Year of birth
Final domestic judgment
Aleksandr Ivanovich BYATENKOV
1951
31/08/2006, in force as of 15/09/2006
Mikhail Mikhaylovich GLAVINSKIY
1968
Yelena Vasilyevna BERSENEVA
1954
Pavel Georgiyevich BERSENEV
1955
Anatoliy Fedorovich TIFOY
1967
Dmitriy Viktorovich YELKIN
1979
Aleksandr Alekseyevich MALTSEV
1966
Vladimir Aleksandrovich PINZAR
1971
Sergey Aleksandrovich PUNEGOV
1977
Aleksandr Nikolayevich KIRYAKOV
1965
Aleksandr Aleksandrovich SHERSTYUKOV
1965
Dmitriy Mikhaylovich LAPAYEV
1977
Valentina Feliksovna KARMANOVA
1959
Marina Geliosovna NOSKOVA
1955
Aleksandra Panteleymonovna KOROSTYLEVA
1956
Yelena Fedorovna NOSKOVA
1956
Olga Vitalyevna SEMENCHINA
1969
Aleksandr Ivanovich LAPSHIN
1961
Natalya Pavlovna BERSENEVA
1975
Vitaliy Aleksandrovich SOLOMATIN
1972
31/08/2006, in force as of 15/09/2006
Konstantin Anatolyevich SELKOV
1970
19/10/2006, in force as of 31/10/2006
Petr Sergeyevich KOROSTYLEV
1959
Vyacheslav Nikolayevich MOROKHIN
1982
Ivan Alekseyevich KARMANOV
1964
Valeriy Nikolayevich SEMENCHIN
1965
Valeriy Stepanovich SAINSUS
1956
Igor Vladimirovich LEBED
1956
16/05/2006, in force as of 16/08/2006
Full & Egal Universal Law Academy