THIRD SECTION
DECISION
Application no. 56261/15
Maksim Ivanovich GANICHEV
against Russia
The European Court of Human Rights (Third Section), sitting on 25 September 2018 as a Committee composed of:
Branko Lubarda, President,
Pere Pastor Vilanova,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 2 July 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Maksim Ivanovich Ganichev, is a Russian national, who was born in 1983 and is serving his sentence in IK-4 in Fornosovo, Leningrad Region. He was represented before the Court by Mr S. Kotelnikov, a lawyer practising in St Petersburg.
The Russian Government ("the Government") were represented by Mr M. Galperin, the Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 3 of the Convention about inhuman conditions of detention and absence of an effective remedy in this regard. He also complained under Articles 3, 9 and 13 of the Convention about regular forced shaving by warders, as well as about the lack of an effective remedy to complain about it.
The applicant’s complaints were communicated to the Government, who submitted their observations on the admissibility and merits of the case. The observations were forwarded to the applicant by the letter of 8 February 2018. The applicant was invited to submit his observations by 11 April 2018.
By letters of 3 May 2018, sent by registered post both to the applicant and to his representative, they were reminded that the period allowed for submission of the observations had expired on 11 April 2018 and that no extension of time had been requested. Their 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 letter was delivered to IK-4 on 26 May 2018 and received by an individual, whose name cannot be clearly identified from the illegible handwriting on the advice of receipt. This individual was acting on the basis of a power of attorney no. 19. The applicant’s representative received the letter on 28 May 2018. However, no reply has been received by the Registry.
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 (see V.M. and Others v. Belgium [GC], no. 60125/11, 17 November 2016, §§ 35-41). 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.
Done in English and notified in writing on 18 October 2018.
Fatoş AracıBranko Lubarda
Deputy RegistrarPresident
Full & Egal Universal Law Academy