THIRD SECTION
DECISION
Applications nos. 37645/09 and 5465/10
Aleksandr Mikhaylovich GOROKHOVETSKIY and Others against Russia
and Sergey Anatolyevich BOYARKO against Russia
(see list appended)
The European Court of Human Rights (Third Section), sitting on 11 October 2016 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 applications lodged on 26 June 2009 and 12 January 2010 respectively,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix. All of them are represented by Mr Aleksandr Vorobyev and Mr Aleksey Vorobyev, lawyers practising in Moscow.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights.
The applicants complained about the conditions of their detention, a lack of sufficient reasons for it or a time-limit on its duration. On 13 May 2015 the complaints were communicated to the Government, who submitted their observations on the admissibility and merits. On 8 October 2015 the observations were forwarded to the applicants’ representatives, who were invited to submit their own observations by 2 November 2015. No reply was received.
On 28 January 2016 the Court contacted one the applicants’ representatives by phone. He said that they no longer had an agreement with the applicants to represent them before the Court.
On 29 March 2016 the Court sent registered letters to the applicants’ own addresses, informing them that the period allowed for submission of their observations had expired on 10 December 2015 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 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. According to the tracking service, Mr Boyarko and Mr Ilyushenko received the letter on 8 and 11 April 2016, respectively. However, no response followed. The letters to the other applicants returned to the Court unclaimed.
THE LAW
The Court considers that the applications should be joined and considered in a single decision.
The Court notes that two applicants did not reply to its invitation to submit their observations. The other applicants did not provide their current contact details and the Court has been unable to reach out to them.
In these circumstances, having regard to Article 37 § 1 (a) of the Convention, the Court concludes that the applicants have lost interest in their applications and no longer intend pursuing them before the Court. 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 examination of the applications to be continued.
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 November 2016.
Fatoş AracıBranko Lubarda
Deputy RegistrarPresident
Appendix
Application no. 37645/09
Aleksandr Mikhaylovich GOROKHOVETSKIY is a Ukrainian national who was born in 1962. Ivan Fedorovich GOREVOY is a Ukrainian national who was born in 1980. Dmitriy Vasilyevich ILYUSHENKO is a Ukrainian national who was born in 1975 and lives in Berdyansk, Ukraine. Andrey Vladimirovich SIRYACHENKO is a Ukrainian national who was born in 1967.
Application no. 5465/10
Sergey Anatolyevich BOYARKO is a Ukrainian national who was born in 1973 and lives in Osipenko, Ukraine.
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