FIRST SECTION
DECISION
Application no. 10766/03
by Aleksandr KOLTYREV
against Russia
The European Court of Human Rights (First Section), sitting on 27 March 2008 as a Chamber composed of:
Christos Rozakis, President,
Nina Vajić,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 12 March 2003,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Aleksandr Yevgenyevich Koltyrev, is a Russian national who was born in 1960 and is serving his prison term in the Ryazan Region. The Russian Government (“the Government”) are represented by Mrs V. Milinchuk, Representative of the Russian Federation at the European Court of Human Rights.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 19 November 2001 the applicant was arrested on suspicion of fraud and detained in the temporary confinement ward of Rostov-on-Don.
On 22 November 2001 the applicant was transferred to remand centre no. 1 of Rostov-on-Don.
On 16 May 2002 the Kirovskiy District Court of Rostov-on-Don convicted the applicant of fraud and sentenced him to five years and six months’ imprisonment.
On 17 September 2002 the Rostov Regional Court upheld the judgment.
On 26 November 2002 the applicant was transferred from the remand centre to a correctional colony.
COMPLAINTS
The applicant complained under Article 3 of the Convention about the allegedly appalling conditions of his detention.
The applicant complained under Articles 5 § 1 (c) and § 3 of the Convention that his detention during the preliminary investigation had been unlawful.
The applicant complained under Article 5 § 2 of the Convention that he had been insufficiently informed of the reasons for his arrest.
Finally, the applicant raised several complaints under Article 6 of the Convention regarding the alleged unfairness of the criminal proceedings against him.
THE LAW
On 23 January 2007 the case was communicated to the respondent Government.
On 3 April 2007 the applicant informed the Court that he wanted to withdraw the application.
The applicant’s letter was sent to the Government for information.
The Court recalls Article 37 of the Convention which, in the relevant part, reads as follows:
“1. The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that
(a) the applicant does not intend to pursue his application;
...
However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the Protocols thereto so requires.”
The Court notes that the applicant does not wish to pursue his application. He asked the Court to discontinue the examination of the present application and strike the case out of the Court’s list of cases.
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 discontinue the application of Article 29 § 3 and 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.
Søren NielsenChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy