THIRD SECTION
DECISION
Application no. 36710/08
Andrey Fedorovich MAKSIMOVICH
against Russia
The European Court of Human Rights (Third Section), sitting on 7 February 2017 as a Committee composed of:
Branko Lubarda, President,
Dmitry Dedov,
Alena Poláčková, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 9 June 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Andrey Fedorovich Maksimovich, a Russian national who was born in 1922 and lived in Lipetsk.
The Russian Government (“the Government”) were represented by Mr G. Matyuskin, Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Articles 6 § 1 and 13 of the Convention about the failure by the national authorities to enforce final court decision in his favour, and about the lack of an effective remedy against the non‑enforcement of the judgment in his favour.
On 24 November 2014 the Court decided to give notice to the Government of the applicant’s complaints detailed above. The Court informed the applicant that his case fell within the scope of the pilot judgment Gerasimov and Others v. Russia (nos. 29920/05 and 10 others, 1 July 2014), and that the Court had thus adjourned the adversarial proceedings in the applicant’s case until 1 October 2016.
On 1 June 2016 the Government submitted to the Registry their observations on the admissibility and merits of the application, in which they informed the Court that the applicant had died in 2012.
On 10 June 2016 a letter was sent to the applicant’s address by registered post enquiring whether any heirs or close family members wished to pursue the proceedings in respect of Mr Maksimovich and asking to reply by 29 July 2016. According to the information from the post office, the applicant’s relatives received this letter on 28 June 2016. However, no response has followed.
THE LAW
It has been the Court’s practice to strike applications out of the list of cases under Article 37 § 1 of the Convention in the absence of any heir or close relative who has expressed the wish to pursue an application (see Léger v. France (striking out) [GC], no. 19324/02, § 44, 30 March 2009 with further references). From the developments set out above it appears that the applicant died in the course of the proceedings. No heirs or close relatives have expressed the wish to pursue the application on his behalf. As the Court finds no special circumstances regarding respect for human rights which require the continued examination of the case (contrast Karner v. Austria, no. 40016/98, §§ 24‑28, ECHR 2003‑IX), it considers that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (c) of the Convention.
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 AracıBranko Lubarda
Deputy RegistrarPresident
Full & Egal Universal Law Academy