FIRST SECTION
DECISION
Applications nos. 69659/10 and 7951/11
Nikolay Petrovich POPOV against Russia
and Aleksandr Viktorovich SOLOVYEV against Russia
The European Court of Human Rights (First Section), sitting on 26 November 2013 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Dmitry Dedov, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above applications lodged on 13 September 2010 and 13 December 2010 respectively,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant in the first case, Mr Nikolay Petrovich Popov, is a Russian national, who was born in 1975 and lives in Khotunok.
2. The applicant in the second case, Mr Aleksandr Viktorovich Solovyev, is a Russian national, who was born in 1979 and lives in St Petersburg.
3. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
4. The applicants complained, among other matters, about the conditions of their pre-trial detention in different Russian penitentiary facilities. These complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.
5. By letter dated 8 February 2013, sent by registered post, the applicants were notified that the periods allowed for submission of their observations had expired on 7 December 2012 and 2 January 2013 respectively, 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 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. The applicants received this letter on 5 April and 14 March 2013, respectively. However, no response has been received.
THE LAW
6. The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, 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 cases.
In view of the above, it is appropriate to consider their applications in a single decision and to strike them out of the list.
For these reasons, the Court unanimously
Decides to strike the applications out of its list of cases.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
Full & Egal Universal Law Academy