THIRD SECTION
DECISION
Application no. 61753/08
Gennadiy Yuryevich KOVSHOV
against Russia
The European Court of Human Rights (Third Section), sitting on 7 June 2016 as a Committee composed of:
Branko Lubarda, President,
Pere Pastor Vilanova,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 14 November 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Gennadiy Yuryevich Kovshov, is a Russian national, who was born in 1964 and lives in Kursk.
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 Article 8 of the Convention that his transfer to a penal facility located far from his habitual place of residence effectively amounted to a breach of family ties with his relatives.
On 4 March 2015 the applicant’s complaint was communicated to the Government, who submitted their observations on the admissibility and merits. On 8 July 2015 the observations were forwarded to the applicant, who was invited to submit his observations. No reply was received to the Registry’s letter.
By letter dated 19 October 2015, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 8 September 2015 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 applicant received this letter on 6 November 2015. 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.
Done in English and notified in writing on 30 June 2016.
Fatoş AracıBranko Lubarda
Deputy RegistrarPresident
Full & Egal Universal Law Academy