FIRST SECTION
DECISION
Application no. 3190/08
Oleg Valeryevich CHAYKIN
against Russia
The European Court of Human Rights (First Section), sitting on 17 January 2012 as a Chamber composed of:
Nina Vajić, President,
Anatoly Kovler,
Elisabeth Steiner,
Mirjana Lazarova Trajkovska,
Julia Laffranque,
Linos-Alexandre Sicilianos,
Erik Møse, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 20 November 2007,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Oleg Valeryevich Chaykin, is a Moldovan national who was born in 1969 and lived, prior to his arrest, in Beltsy, Moldova. He is represented before the Court by Mr V. Komarov, a lawyer practising in Moscow. 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 3 of the Convention about the conditions of his detention and lack of medical assistance in the remand prison; under Article 5 of the Convention about the extension of his pre-trial detention in the absence of relevant and sufficient reasons; under Article 6 of the Convention about the unfairness of the criminal proceedings against him.
The applicant’s complaint concerning the conditions of his detention 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 his own observations. No reply was received to the Court’s letter.
By letter dated 17 August 2011, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 23 May 2011 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 10 September 2011. However, no response followed.
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 NielsenNina Vajić
RegistrarPresident
Full & Egal Universal Law Academy