THIRD SECTION
DECISION
Application no. 17269/18
Vitaliy Pavlovich MARTYUSHIN against Russia
and 3 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 21 January 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention, as well as under Article 13 about the lack of any effective remedy in respect of inadequate conditions of detention, were communicated to the Russian Government (“the Government”).
On 5 March 2019 the Registry sent letters to the applicants asking them to comment on the Government’s submission in which they doubted the authenticity of the applicants’ signatures since the official documents available to the national authorities did not match signatures on the application forms. No reply followed.
By letter dated 17 June 2019, sent by registered post, the applicants were notified that the period allowed for submission of the requested information had expired on 16 April 2019 and that no extension of time had been requested. The applicants’ 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 applicants in applications nos. 17271/18, 26778/18 and 28400/18 received these letters on 5 July 2019. The letter to the applicant in application no. 17269/18 returned to the Court as the applicant had been released from prison and no other address was known to the Court as the applicant had failed to inform it of his release and there was no other correspondence address indicated in the application form. The Court did not receive any response to its letters.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
In the light of the foregoing, the Court concludes that the applicants may be regarded as no longer wishing to pursue the applications (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 the Protocols thereto which require the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 11 February 2021.
Liv TigerstedtDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of the
Court’s registered
letter
Date of receipt of
the registered letter
17269/18
26/03/2018
Vitaliy Pavlovich MARTYUSHIN
1987
Court’s letter of 05/03/2019 returned to the Court as the applicant was no longer in the prison.
19/04/2019 by the colony where the applicant used to be detained.
17271/18
26/03/2018
Georgiy Mikhaylovich CHERTOVSKOY
1972
17/06/2019
05/07/2019
26778/18
12/05/2018
Yan Aleksandrovich RODIONOV
1979
17/06/2019
05/07/2019
28400/18
17/05/2018
Andrey Aleksandrovich MURAVLEV
1978
17/06/2019
05/07/2019
Full & Egal Universal Law Academy