THIRD SECTION
DECISION
Applications nos. 41387/20 and 41446/20
Yekaterina Yeruslanovna GORYAYNOVA against Russia
and Vitaliy Aleksandrovich GORYAYNOV against Russia
The European Court of Human Rights (Third Section), sitting on 19 May 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix. The applicants are the mother and her son. They form a household.
The applicants’ complaints under Article 8 § 1 of the Convention concerning Mr Goryaynov’s allocation or transfer to a remote penal facility irrespective of family life considerations, as well as under Article 13 concerning the lack of any effective remedy in domestic law, were communicated to the Russian Government (“the Government”).
By letter dated 23 August 2021, sent by registered post, the applicants were notified that the period allowed for submission of their position concerning the friendly settlement proposal, as well as for providing any update on the situation, had expired 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 applicant does not intend to pursue the application.
By a letter received by the Court on 11 October 2021 the applicants’ representative, Mr A. Andreyev, informed the Court of the applicants’ willingness to sign a friendly settlement with the Government. He, however, failed to submit the signed declarations.
By letter dated 12 October 2021, sent through the Court’s Electronic Communications Service (eComms), the applicants’ representative was invited to submit the declaration by 9 November 2021. This letter was consulted by Mr Andreyev on 15 October 2021; however, no response has followed. There was no further information from the applicants or their representative confirming their intention to pursue the application.
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, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.
Accordingly, the cases should be struck 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 9 June 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 8 § 1 of the Convention
(allocation or transfer to a remote penal facility irrespective of family life considerations)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Other complaints under
well-established case-law
Date of the Court’s
letters
41387/20
30/08/2020
AND
41446/20
31/08/2020
Household
Yekaterina Yeruslanovna GORYAYNOVA
1964
Vitaliy Aleksandrovich GORYAYNOV
1986
Andreyev Ashot
Aleksandrovich
Syktyvkar
Art. 13 - lack of any effective remedy in domestic law in respect of allocation to a remote detention facility
23/08/2021 - sent by registered post
12/10/2021 - sent by eComms