FIRST SECTION
DECISION
Application no. 10926/06
Aleksandr Vasilyevich KORCHAGIN against Russia
and 3 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 26 August 2014 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Erik Møse, judges,
and Søren Prebensen, Acting Deputy Section Registrar,
Having regard to the above applications lodged on 26 January 2006,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A. Application no. 10926/06, lodged on 26 January 2006
The applicant, Mr Aleksandr Vasilyevich Korchagin, is a Russian national, who was born in 1974 and is serving a prison sentence in the Vladimir 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’s complaint under Article 6 of the Convention about the alleged unfairness of the criminal proceedings against him was communicated to the Government, who submitted their 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 17 December 2013, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 12 August 2013 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. The letter was delivered on 4 January 2014. However, no response has been received.
B. Application no. 17657/06, lodged on 22 March 2006
The applicant, Ms Zinaida Sergeyevna Khrustaleva, is a Russian national, who was born in 1952 and lives in Moscow.
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’s complaint under Article 8 of the Convention about her family’s eviction was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit her own observations. No reply was received to the Registry’s letter.
By letter dated 17 December 2013, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 28 March 2013 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. The letter was delivered on 6 January 2014 but never claimed by the applicant.
C. Application no. 45125/06, lodged on 9 October 2006
The applicant, Mr Yevgeniy Ivanovich Rozhkov, is a Russian national, who was born in 1975 and is serving a prison sentence in Abakan, Khakassiya Republic.
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’s complaint under Article 5 of the Convention about the length of his pre-trial detention was communicated to the Government, who submitted their 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 17 December 2013, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 27 March 2013 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. The letter was delivered on 10 January 2014. However, no response has been received.
D. Application no. 54081/08, lodged on 4 August 2008
The applicant, Mr Konstantin Yuryevich Smetanin, is a Russian national, who was born in 1976 and is serving a prison sentence in the Vladimir 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’s complaint under Article 3 of the Convention about the conditions of his detention in a correctional colony was communicated to the Government, who submitted their 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 17 December 2013, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 6 June 2013 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. The letter was delivered on 8 January 2014. However, no response has been received.
THE LAW
In accordance with Rule 42 § 1 of the Rules of Court, the Court decides to join the applications.
The Court considers that, in the circumstances of the case, the applicants may be regarded as no longer wishing to pursue their applications, 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 cases.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Søren PrebensenKhanlar Hajiyev
Acting Deputy RegistrarPresident
APPENDIX
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
10926/06
26/01/2006
Aleksandr Vasilyevich KORCHAGIN
01/01/1974
Vyazniki, Vladimir Region
17657/06
22/03/2006
Zinaida Sergeyevna KHRUSTALEVA
01/10/1952
Moscow
45125/06
09/10/2006
Yevgeniy Ivanovich ROZHKOV
22/05/1975
Abakan, Khakassiya Republic
54081/08
04/08/2008
Konstantin Yuryevich SMETANIN
14/12/1976
Melekhovo, Vladimir Region
Full & Egal Universal Law Academy