THIRD SECTION
DECISION
Applications nos. 28946/18 and 31743/18
Konstantin Andreyevich GAVRILOV against Russia
and Anatoliy Gusmanovich GISMATULIN against Russia
The European Court of Human Rights (Third Section), sitting on 19 November 2020 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on 4 and 13 June 2018, respectively,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The two applicants, Mr Konstantin Andreyevich Gavrilov and Mr Anatoly Gusmanovich Gismatulin, were born in 1985 and 1966, respectively.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention, as well as under Article 13 about the lack of any effective remedy in respect of inadequate conditions of detention were communicated to the Russian Government (“the Government”).
On 5 March 2019 the Registry sent letters to the applicants asking them to comment on the Government’s submission in which they doubted the authenticity of the applicants’ signatures. No reply followed.
By letters dated 17 June 2019, sent by registered post, the applicants were notified that the period allowed for submission of the requested information had expired on 16 April 2019 and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicants do not intend to pursue the application.
The applicants received these letters on 5 July 2019. However, they did not respond.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
In the light of the foregoing, the Court concludes that the applicants may be regarded as no longer wishing to pursue the applications (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 the Protocols thereto which require the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 10 December 2020.
Liv TigerstedtDarian Pavli
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy