THIRD SECTION
DECISION
Application no. 40935/12
Giyes Ergashaliyevich KHUSHAYEV
against Russia
The European Court of Human Rights (Third Section), sitting on 15 March 2016 as a Committee composed of:
Helen Keller, President,
Johannes Silvis,
Alena Poláčková, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 6 September 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Giyes Ergashaliyevich Khushayev, is a Tajikistani national, who was born in 1985 and is detained in Kryuki, the Pskov Region.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 6 §§ 1 and 3 (d) of the Convention that he had not been given an opportunity to examine witnesses against him.
The applicant’s complaint concerning examination of witnesses was communicated to the Government, who submitted their observations on the admissibility and merits. On 11 February 2015 the observations were forwarded to the applicant, who was invited to submit his own observations by 8 April 2015. No reply was received to the Registry’s letter.
By letter dated 3 July 2015, sent by registered post and received on 18 August 2015, the applicant was notified that the period allowed for submission of his observations had expired on 8 April 2015 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 a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. No response has been received.
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 7 April 2016.
Marialena TsirliHelen Keller
Deputy RegistrarPresident
Full & Egal Universal Law Academy