FIRST SECTION
DECISION
Application no. 34917/06
Sergey Yuryevich FORSOV
against Russia
The European Court of Human Rights (First Section), sitting on 17 June 2014 as a Committee composed of:
Mirjana Lazarova Trajkovska, President,
Paulo Pinto de Albuquerque,
Linos-Alexandre Sicilianos, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 16 August 2006,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Sergey Yuryevich Forsov, is a Lithuanian national, who was born in 1977 and lives in the village of Peretin, the Bryansk Region.
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 5 § 1 of the Convention alleging unlawfulness of his detention pending extradition.
The applicant’s complaint under Article 5 § 1 was communicated to the Government, who submitted their observations on the admissibility and merits. The Lithuanian Government did not intervene in the proceedings.
By letter dated 25 January 2013 the Government’s observations were sent at two addresses indicated by the applicant. The applicant was requested to submit any observations together with any claims for just satisfaction in reply by 2 April 2013.
By letter dated 5 November 2013, sent by registered post at the two addresses, the applicant was notified that the period allowed for submission of his observations had expired on 2 April 2013 and that no extension of time had been requested. No reply was received. By letter dated 24 March 2014, sent by registered post, the applicant was again reminded that he had not responded to the Government’s observations. 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 applicants do not intend to pursue the application. The applicant received the letter on 8 April 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.
André WampachMirjana Lazarova Trajkovska
Deputy RegistrarPresident
Full & Egal Universal Law Academy