THIRD SECTION
DECISION
Application no. 50587/11
Vitaliy Viktorovich GRIGORYEV
against Russia
The European Court of Human Rights (Third Section), sitting on 14 November 2019 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 25 July 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vitaliy Viktorovich Grigoryev, was born in 1984.
The applicant’s complaints under Articles 3, 8 and 13 of the Convention concerning the conditions of his detention, constant video surveillance and the lack of any effective remedy in domestic law in respect of the alleged violations were communicated to the Russian Government (“the Government”).
On 1 November 2016, the detention facility no. FKU LIU-27 where the applicant had been detained informed the Court that he had died on 16 April 2013. No heirs or other persons have expressed the wish to pursue the application before the Court. In their letter of 17 January 2017, the Government requested the Court to strike the application out of the list of the cases owing to the decease of the applicant.
THE LAW
It has been the Court’s practice to strike applications out of the list of cases under Article 37 § 1 of the Convention 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). Turning to the circumstances of the present case, the Court notes that the applicant died in the course of the proceedings. No heirs or close relatives have expressed the wish to pursue the application on his behalf. As the Court finds no special circumstances regarding respect for human rights which require the continued examination of the case, it considers it appropriate to strike the application out of its list of cases under Article 37 § 1 (c) of the Convention.
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 5 December 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy