THIRD SECTION
DECISION
Application no. 5408/07
Nikolay Ivanovich LIVAKHOV
against Russia
The European Court of Human Rights (Third Section), sitting on 8 March 2018 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 22 December 2006,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Nikolay Ivanovich Livakhov, was born in 1939 and lived before his death in the town of Oryol.
The applicant’s complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of the Protocol No. 1 concerning the non-enforcement of domestic decisions and the lack of any effective remedy in domestic law were communicated to the Russian Government (“the Government”), who submitted observations on the admissibility and merits.
By a letter received on 12 July 2016 the Court was informed of the applicant’s death on 20 October 2013. On 8 August 2016 the Court sent a letter to the applicant’s home address asking his heirs to submit, by 10 October 2016, at the latest, a copy of an authentic document issued by the Russian authorities confirming that the person wishing to pursue the application is the applicant’s legal heir. The letter was sent by registered post. No response followed. On 13 December 2016 the Court again sent a letter by registered post, notifying that the period allowed for submission of the documents and for expressing the intention to pursue the application had expired on 10 October 2016 and that no extension of time had been requested. The letter was delivered on 14 January 2017. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicant’s heirs do not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention.
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 29 March 2018.
Liv TigerstedtLuis López Guerra
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy