FIRST SECTION
DECISION
Application no. 41952/04
Sergey Vladimirovich DIKAREV
against Russia
The European Court of Human Rights (First Section), sitting on 4 November 2014 as a Committee composed of:
Mirjana Lazarova Trajkovska, President,
Linos-Alexandre Sicilianos,
Ksenija Turković, judges,
and Søren Prebensen, Acting Deputy Section Registrar,
Having regard to the above application lodged on 11 November 2004,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Sergey Vladimirovich Dikarev, is a Russian national, who was born in 1974 and lives in the town of Barnaul.
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 Leninskiy District Court of the Town of Barnaul found the applicant guilty of murder on 17 May 1999 and sentenced him to eleven years of imprisonment. The Altay Regional Court which heard the case on appeal generally upheld and partly amended the judgment by its final decision of 10 February 2000.
According to the applicant, the criminal proceedings against him were unfair and the conditions of his detention on remand were appalling.
By a decision of 5 November 2012, the Court decided to give notice to the Government of the applicant’s complaints about various aspects of the criminal proceedings against him.
Following the exchange of various submissions made by the parties, on 6 March 2013 the applicant was invited to submit his observations in one of the Court’s official languages by 19 April 2013. The Court did not receive the observations.
By letters dated 6 March and 18 December 2013, sent by registered post, the applicant was notified that the period allowed for submission of his observations in one of the Court’s official languages had expired 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. No response followed. The letter of 18 December 2013 was received by the applicant on 14 February 2014.
THE LAW
In the light of the applicant’s failure to react to the Court’s letters dated 6 March and 18 December 2013, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (c) of the Convention, considers that it is no longer justified to continue the examination of the application.
Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Søren PrebensenMirjana Lazarova Trajkovska
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy