THIRD SECTION
DECISION
Application no. 55410/13
Pavel Nikolayevich NAGIBIN
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 23 July 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Pavel Nikolayevich Nagibin, was born in 1971.
The applicant’s complaints under Article 5 § 1 and Article 8 of the Convention, and under Article 2 §§ 3 and 4 of Protocol No. 4 to the Convention concerning actions of the police in respect of the applicant prior to his taking to a police station and his ensuing detention, as well as his complaints under Article 6 § 1 of the Convention concerning a violation of his right of access to a court, the principles of equality of arms and adversarial procedure were communicated to the Russian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letter dated 8 January 2021, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 29 October 2020 and that no extension of time had been requested. 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 applicant received that letter on 10 February 2021. However, no response has 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 16 December 2021.
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Viktoriya Maradudina Peeter Roosma
Acting Deputy Registrar President