THIRD SECTION
DECISION
Application no. 30636/11
Aleksey Mikhaylovich KIRIONCHIK
against Russia
The European Court of Human Rights (Third Section), sitting on 7 February 2017 as a Committee composed of:
Helen Keller, President,
Pere Pastor Vilanova,
Alena Poláčková, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 30 March 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Aleksey Mikhaylovich Kirionchik, is a Russian national, who was born in 1976 and lives in Vidnoye, the Moscow 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 who was serving an imprisonment sentence complained under Article 8 of the Convention about his transfer to a remote penal facility that had adversely affected his right to family life.
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 own observations. On 19 October 2015 the applicant was granted an extension of time-limit for submission of his observations until 14 December 2015. No reply was received to the Registry’s letter.
By letter dated 29 January 2016, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 14 December 2015 and that no further 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 the postal register, the applicant received this letter on 3 March 2016. 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 9 March 2017.
Fatoş AracıHelen Keller
Deputy RegistrarPresident
Full & Egal Universal Law Academy