FIRST SECTION
DECISION
Application no. 25433/07
Emil Ivanovich LYSENKO
against Russia
The European Court of Human Rights (First Section), sitting on 21 October 2014 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Dmitry Dedov, judges,
and Søren Prebensen, Acting Deputy Section Registrar,
Having regard to the above application lodged on 2 April 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Emil Ivanovich Lysenko, is a Russian national, who was born in 1984 and lives in Kuleshovka, the Rostov Region. He was represented before the Court by Mr S. Lipin, a lawyer practising in Azov.
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 6 of the Convention about his absence from the appeal hearing where a criminal charge against him was determined.
The applicant’s complaint was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his observations in reply. No reply was received to the Registry’s letter.
By letter dated 11 June 2014, sent by registered post, the applicant’s representative was notified that the period allowed for the submission of his observations had expired and that no extension of time had been requested. The applicant’s representative’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. However, no response has been received. The Court’s letter came back unclaimed.
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.
Søren PrebensenKhanlar Hajiyev
Acting Deputy RegistrarPresident
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