THIRD SECTION
DECISION
Application no. 44637/09
Donatas PAULYUKAS against Russia
and 2 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 16 March 2017 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Karen Reid, 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 applicants and the relevant details of the applications are set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning their absence from civil proceedings were communicated to the Russian Government (“the Government”).
On 31 May 2016 the Court sent letters to the applicants, noting that the period allowed for submission of their position as regards the friendly settlement in their applications had expired on 18 May 2016. They did not write back.
By letter dated 16 December 2016, sent by registered post, the applicants were again informed that the period allowed for submission of their position as regards the friendly settlement in their applications had expired and that no extension of time had been requested. The Court also noted the absence of any correspondence from the applicants for a long time and invited them to inform the Court of any developments in their case at the domestic level, as well as any other changes in their personal details, and to accompany their reply with copies of relevant documents. To confirm their interest in pursuing the application, the applicants were asked to reply to the Court’s letter even if there had been no developments in their cases or no change in their personal situation and even if they did not wish to comment on the Government’s friendly settlement proposal.
The applicants’ attention was also 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 an applicant does not intend to pursue the application.
No response followed.
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.
The Court further concludes that in view of the lack of any response to its letters, the applicant 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 application.
Accordingly, the applications should be struck 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 6 April 2017.
Karen ReidLuis López Guerra
RegistrarPresident
Appendix
No
Application No
Lodged on
Applicant / Date of birth/Place of residence
44637/09
16/07/2009
Donatas PAULYUKAS
20/09/1977
Siauliai
58423/09
17/08/2009
Dmitriy Viktorovich PONOMARENKO
01/01/1972
Bataysk
40115/10
15/06/2010
Yuriy Grigoryevich DANILEVSKIY
18/05/1963
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