FIRST SECTION
DECISION
Application no. 10603/08
Vasiliy Mikhaylovich KOSHKAROV
against Russia
The European Court of Human Rights (First Section), sitting on 18 September 2012 as a Committee composed of:
Linos-Alexandre Sicilianos, President,
Anatoly Kovler,
Erik Møse, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 16 January 2008,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Vasiliy Mikhaylovich Koshkarov, was a Russian national who was born in 1952 and lived in the Volgograd Region. He was represented before the Court by Mr S. Semushin, a lawyer practising in Volgograd.
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 complained under Articles 2 and 13 of the Convention that his son, a conscript serving in Chechnya, had been killed by a landmine and that the investigation into the circumstances of his death had been ineffective. He also complained under Article 3 of the Convention of a two‑month delay in informing him of his son’s death and in releasing the body.
On 15 June 2011 the application was communicated to the respondent Government. On 10 October 2011 the Government informed the Court that the applicant had died on 15 June 2009.
THE LAW
The Court notes that no request has been submitted by the applicant’s heirs to pursue the examination of the case. In these circumstances the Court concludes that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (c) 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.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
André WampachLinos-Alexandre Sicilianos
Deputy RegistrarPresident
Full & Egal Universal Law Academy