THIRD SECTION
DECISION
Application no. 35317/17
Vladimir Valeryevich KHANOV
against Russia
The European Court of Human Rights (Third Section), sitting on 13 September 2018 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 27 April 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vladimir Valeryevich Khanov, was born in 1965. The application was lodged by Mr A. Vinogradov, a lawyer practicing in Kostroma.
The complaints under Article 3 of the Convention concerning the inadequate conditions of detention in IK-1 in the Kostroma Region were communicated to the Russian Government (“the Government”), represented by Mr M. Galperin, the Representative of the Russian Federation to the European Court of Human Rights.
In January 2018 the Government submitted their observations on the admissibility and merits of the case.
In the meantime, by a letter dated 14 December 2017, the applicant informed the Court that he had never given his consent to Mr A. Vinogradov to lodge an application on his behalf. He further stated that his rights had not been breached by the domestic authorities. He expressed intention to hold Mr A. Vinogradov responsible for unauthorised representation. That letter was sent to the Government and Mr A. Vinogradov for comments.
By a letter dated 21 February 2018 Mr A. Vinogradov submitted that the applicant had been forced to withdraw his complaints by the prison authorities who had offered him an improvement in his conditions of detention in exchange for the withdrawal.
The Government informed the Court on 26 March 2018 that according to official records the applicant did not exchange correspondence or have meetings with Mr A. Vinogradov during his stay in IK-1 in the Kostroma Region. They also provided several documents bearing the applicant’s signature which differed visually from the signature allegedly affixed by him on the application form.
No further comments followed from the parties concerned.
THE LAW
The Court observers that Mr A. Vinogradov did not provide sufficient evidence to support his statements as to the pressure on the applicant in the colony.
At the same time the Court notes that according to the documents provided by the Government the applicant had never had any contacts with Mr A. Vinogradov.
The Court further notes that the applicant expressly stressed that he had never intended to lodge a complaint about the conditions of his detention. He also showed no intention to pursue the application lodged by Mr A. Vinogradov.
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 4 October 2018.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy