THIRD SECTION
DECISION
Application no. 42412/13
Vladimir Pavlovich GRODETSKIY
against Russia
The European Court of Human Rights (Third Section), sitting on 31 May 2016 as a Committee composed of:
Helena Jäderblom, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 2 July 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vladimir Pavlovich Grodetskiy, a Russian national, was born in 1951 and prior to his arrest lived in Izhevsk, in the Republic of Udmurtiya. He was represented before the Court by Mr A. Smetskoy, a lawyer practising in Moscow.
The Government were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
On 26 August 2013 the applicant’s complaints regarding the quality of medical treatment in detention and the compatibility of his detention with the requirements of Article 5 §§ 1 and 3 of the Convention were communicated to the Government. The parties to the proceedings submitted their observations and comments on them. They also informed the Court that the applicant had been released from detention on 6 September 2013.
On 6 November 2015 the Court asked the applicant’s representative to confirm, before 18 December 2015, the fact of the applicant’s death. The Court also asked whether, if the applicant’s death were to be confirmed, his relatives would wish to pursue the proceedings in the applicant’s stead. On 15 January 2016 it repeated the request. The applicant’s lawyer’s 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 it to conclude that the applicant does not intend to pursue the application. The applicant’s representative received the second letter on 28 January 2016. No response has been forthcoming.
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. 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 23 June 2016.
Stephen PhillipsHelena Jäderblom
RegistrarPresident
Full & Egal Universal Law Academy