THIRD SECTION
DECISION
Application no. 30452/09
Dmitriy Andreyevich KLISHCHENKO
against Russia
The European Court of Human Rights (Third Section), sitting on 11 March 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to the above application lodged on 19 February 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Dmitriy Andreyevich Klishchenko, was born in 1987.
The applicant’s complaints under Article 6 of the Convention concerning a fair hearing by an impartial tribunal in the determination of the administrative‑offence charge against him and the absence of an adequate opportunity to contest written evidence against him 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.
By letter dated 9 July 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 1 December 2017 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 Registry’s letter returned as undelivered. At the same time, a copy of the letter dated 9 July 2018 was also sent, by ordinary mail, to another address from which the applicant had once dispatched a document but never asked that it be considered as his correspondence address. No reply 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 1 April 2021.
Liv TigerstedtDarian Pavli
Deputy RegistrarPresident
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