FIRST SECTION
DECISION
Application no. 52964/10
Artem Sergeyevich IKONNIKOV
against Russia
The European Court of Human Rights (First Section), sitting on 26 November 2013 as a Committee composed of:
Khanlar Hajiyev, President,
Erik Møse,
Dmitry Dedov, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 23 July 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Artem Sergeyevich Ikonnikov, is a Russian national, who was born in 1984 and lives in Nizhniy Tagil. He is currently serving his sentence in a penitentiary facility in the Sverdlovskiy Region.
2. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant complained under Articles 3 and 5 of the Convention about the allegedly inadequate conditions, excessive length and unreasonableness of his pre-trial detention, and about the conditions of his transport between the custodial facilities and the courthouse.
4. The applicant’s complaints were communicated to the Government, who submitted their friendly settlement proposal. By the Court’s letter of 12 September 2012 the proposal was forwarded to the applicant, who was invited to inform the Court whether he accepts it. However, no reply was received.
By letter dated 12 February 2013, sent by registered post, the applicant was notified that the period allowed for submission of his reply had expired on 24 October 2012 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. According to a copy of the prison correspondence registration log provided by the Government, the applicant received this letter on 23 April 2013. However, 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.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
Full & Egal Universal Law Academy