THIRD SECTION
DECISION
Application no. 33071/17
Eldar Abdullovich KUSHMANBETOV
against Russia
The European Court of Human Rights (Third Section), sitting on 24 October 2019 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 24 April 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Eldar Abdullovich Kushmanbetov, was born in 1981.
The applicant was represented by Ms I.K. Burda, a lawyer practising in Orsk.
The applicant’s complaints under Article 8 of the Convention, concerning termination of the enforcement of the judgment determining the applicant’s access to his child, were communicated to the Russian Government (“the Government”) who submitted 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 letters dated 17 July 2019, sent by registered post, the applicant and his representative were notified that the period allowed for submission of the applicant’s observations had expired on 11 June 2019 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 an application 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 2 August 2019. However, no response followed.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
Accordingly, the case should be struck 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 14 November 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
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