THIRD SECTION
DECISION
Application no. 71399/17
Nikita Aleksandrovich MILESHIN
against Russia
The European Court of Human Rights (Third Section), sitting on 25 November 2021 as a Committee composed of:
Peeter Roosma, President,
Dmitry Dedov,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 27 September 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Nikita Aleksandrovich Mileshin, was born in 1998.
The applicant was represented by Ms K. Mehtiyeva, a lawyer practising in Paris.
The applicant’s complaints under Article 5 § 1 of the Convention concerning the unlawful administrative escorting and arrest were communicated to the Russian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant’s representative, who was invited to submit observations on the applicant’s behalf. No reply was received to the Registry’s letter.
By letter dated 2 September 2019, sent by registered post to the applicant’s representative and delivered to the addressee, the applicant was notified that the period allowed for submission of his observations had expired on 30 August 2018 and that no extension of time had been requested. On 4 September 2019 the applicant’s representative informed the Court by e‑mail that the applicant intended to pursue his application. In response, the applicant’s representative was reminded that any correspondence should be submitted to the Court by post or fax or via the Court’s Electronic Communication Service (eComms). She was therefore invited to send her reply using one of the above-mentioned means of communication. No response was received to that letter. In January 2021 the applicant’s representative confirmed over phone that she wished to use eComms for future correspondence with the Court. The eComms was activated and another letter setting a new deadline for reply was sent to her. However, the eComms account has never been activated and no reply followed. By letter dated 27 May 2021, sent by registered post to the applicant’s address, the applicant was notified that the period allowed for submission of his observations had expired on 30 August 2018 and that no extension of time had been requested and that no reply was received to the Court’s previous correspondence addressed to his representative. Copies of the previous letters were enclosed. The letter was delivered to the addressee on 7 June 2021. However, no response has followed. In the Court’s letters the applicant’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.
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) and (c) 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 16 December 2021.
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Viktoriya Maradudina Peeter Roosma
Acting Deputy Registrar President