THIRD SECTION
DECISION
Application no. 49725/12
Vasiliy Petrovich KLIMENTOV
against Russia
The European Court of Human Rights (Third Section), sitting on 10 October 2017 as a Committee composed of:
Branko Lubarda, President,
Pere Pastor Vilanova,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 29 July 2006,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vasiliy Petrovich Klimentov, a Russian national who was born in 1936 and lived in Dobrinka, Lipetsk Region.
The Russian Government ("the Government") were represented initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.
The applicant complained about non-enforcement of the judgment in his favour imposing an obligation in kind on domestic and about the lack of the effective remedies in respect of the non-enforcement complaint.
On 24 November 2014 the Court decided to give notice of the above complaints to the Government.
On 10 March 2016 the Government informed the Registry of the death of the applicant on 7 June 2013.
On 24 March 2016 a letter was sent to the applicant’s address by registered post enquiring whether any heirs or close family members wished to pursue the proceedings in respect of Mr Klimentov and asking to reply by 19 May 2016.
Having received no reply, by registered letter of 28 October 2016, the Registry renewed its request and warned the applicant’s relatives that the Court might decide to strike the case off its list of cases. The letter was returned by the post as unclaimed.
THE LAW
It has been the Court’s practice to strike applications out of the list of cases under Article 37 § 1 of the Convention in the absence of any heir or close relative who has expressed the wish to pursue an application (see Léger v. France (striking out) [GC], no. 19324/02, § 44, 30 March 2009 with further references). From the developments set out above it appears that the applicant died in the course of the proceedings. No heirs or close relatives have expressed the wish to pursue the application on his behalf. As the Court finds no special circumstances regarding respect for human rights which require the continued examination of the case (contrast Karner v. Austria, no. 40016/98, §§ 24‑28, ECHR 2003‑IX), it considers that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (c) of the Convention.
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 9 November 2017.
Fatoş AracıBranko Lubarda
Deputy RegistrarPresident
Full & Egal Universal Law Academy