FIRST SECTION
DECISION
Application no. 64633/11
Valeriy Yakovlevich MILOVANOV
against Russia
The European Court of Human Rights (First Section), sitting on 2 July 2013 as a Committee composed of:
Elisabeth Steiner, President,
Mirjana Lazarova Trajkovska,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 10 October 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Valeriy Yakovlevich Milovanov, is a Russian national, who was born in 1961 and lived in Volgograd before his arrest. He was represented before the Court by Mr A. Gorshenev, a lawyer practising in Volgograd.
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, in particular, under Article 6 of the Convention about his inability to attend an appeal hearing in a criminal case against him.
The applicant’s complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant’s lawyer, who was invited to submit observations in response. No reply was received to the Registry’s letter.
By letter dated 11 February 2013, sent by registered post, the applicant’s lawyer was notified that the period allowed for submission of the observations had expired on 9 January 2013 and that no extension of time had been requested. The lawyer’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. No response followed.
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.
André WampachElisabeth Steiner
Deputy RegistrarPresident
Full & Egal Universal Law Academy