FIRST SECTION
DECISION
This version was rectified on 17 September 2013
under Rule 81 of the Rules of Court.
Application no. 41534/06
Aleksandr Vitalyevich GAMENYUK
against Russia
The European Court of Human Rights (First Section), sitting on 2 July 2013 as a Committee composed of:
Khanlar Hajiyev, President,
Erik Møse,
Dmitry Dedov, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 12 September 2006,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Aleksandr Vitalyevich Gamenyuk, is a Russian national, who had been born in 1973 and lived in Taganrog. He was represented before the Court by Mr V.A. Prokofyev, a lawyer practising in Rostov-on-Don.
2. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant complained under Article 3 of the Convention about the conditions of his detention in a Russian penitentiary facility.
4. By letter of 9 April 2013, the Government informed the Court that the applicant had died in detention on 26 November 2012[1].
THE LAW
5. The Court notes that the applicant has deceased and that no relatives or heirs have manifested themselves. It has been the Court’s practice to strike applications out of the list of cases in the absence of any heir or close relative who has expressed the wish to pursue an application (see Léger v. France (striking out) [GC], no. 19324/02, § 44, 30 March 2009, with further references). Furthermore, the Court does not consider that the present case involved an important question of general interest transcending the person and the interests of the individual applicant.
6. Accordingly, the Court concludes that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 of the Convention.
7. 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 WampachKhanlar Hajiyev
Deputy RegistrarPresident
[1] Rectified on 17 September 2013: the text was “26 November 2011”.
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