THIRD SECTION
DECISION
Application no. 15270/17
Timur Kamilovich KHUDAYNATOV
against Russia
The European Court of Human Rights (Third Section), sitting on 6 October 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Frédéric Krenc, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 9 February 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Timur Kamilovich Khudaynatov, was born in 1987. He was represented by Mr A.V. Knyazev, a lawyer practising in Moscow.
The applicant’s complaints under Articles 5 and 13 of the Convention concerning the unlawful detention, detention without relevant and sufficient reasons 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. No reply was received to the Registry’s letter.
The applicant’s representative was contacted by phone. It appeared that he had a problem with receiving correspondence from the Court via its Electronic communication service (eComms), thus the time-limit for submitting the applicant’s observations was extended, but still no reply was received.
By letter dated 17 September 2021, sent by registered post to the applicant’s representative, the applicant was notified that the period allowed for submission of his observations had expired on 13 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 letter of 17 September 2021 was not delivered due to the absence of the addressee. It follows that the applicant’s representative changed his address but did not inform the Court about it. In such circumstances it appears that the applicant has lost interest in his application.
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 27 October 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President