THIRD SECTION
DECISION
Application no. 71460/11
Khadzhimurad Labazanovich GUSENOV
against Russia
The European Court of Human Rights (Third Section), sitting on 24 February 2022 as a Committee composed of:
Peeter Roosma, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 1 November 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Khadzhimurad Labazanovich Gusenov, was born in 1983.
The applicant’s complaints under Article 5 § 4 and Articles 8 and 13 of the Convention concerning an interception of his telephone communications in the framework of the criminal investigation against him and related to his detention pending trial were communicated to the Russian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations.
On 9 April 2021 the Registry sent a letter to the applicant requesting to appoint a representative and submit proper observations.
By letter dated 27 September 2021, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 23 August 2021 and that no extension of time had been requested. The applicant’s 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. The applicant received this letter on 15 November 2021. However, no response has followed.
THE LAW
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 application.
Accordingly, the case should be struck 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 17 March 2022.
Viktoriya Maradudina Peeter Roosma
Acting Deputy Registrar President