THIRD SECTION
DECISION
Application no. 80166/17
Maksim Sergeyevich MARTSINKEVICH
against Russia
The European Court of Human Rights (Third Section), sitting on 9 September 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 6 November 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Maksim Sergeyevich Martsinkevich, was born in 1984.
The applicant was represented by Mr I. Sidorov, a lawyer practising in Moscow.
The applicant’s complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention during transport and lack of any effective remedy in domestic law in that respect were communicated to the Russian Government (“the Government”).
On 18 November 2020 the Government informed the Registry that applicant had died.
On 26 November 2020 the Registry sent a letter to Mr Sidorov, the applicant’s representative, requesting to inform the Court if there were any heirs who wished to pursue the proceedings before the Court. No reply was received to this letter.
By letter dated 1 June 2021, sent by registered post, Mr Sidorov was notified that the period allowed for submission of the requested information had expired on 4 January 2021 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 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. Mr Sidorov received this letter on 15 June 2021. 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 30 September 2021.
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Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
Full & Egal Universal Law Academy