FIRST SECTION
DECISION
Application no. 5931/06
Nikolay Nikolayevich PROTAS against Russia
and 4 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 14 January 2014 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 applications lodged on the dates set out in the appendix,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. A list of the applicants and their representatives is set out in the appendix.
2. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. The applicants complained, among other things, that the appeal hearings in their civil cases had been held in their absence in breach of the requirements of Article 6 of the Convention. Their complaints under that head 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 replies were received to the Registry’s letters.
4. By letters dated 20 February 2013, sent by registered post, the applicants and the representative of the applicant in application no. 5931/06 were notified that the period allowed for submission of their observations had expired on 13 December 2012 and that no extension of time had been requested. Their 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 has been received from the applicants or the applicant’s representative in the application no. 5931/06.
THE LAW
5. Having regard to the similarity of the main issues under the Convention in the above cases, the Court decides to join the applications and consider them in a single decision.
6. The Court considers that, in the 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 those applications.
7. In view of the above, it is appropriate to strike the applications out of the list of cases.
For these reasons, the Court unanimously
Decides to join the above applications;
Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (a) of the Convention.
André WampachElisabeth Steiner
Deputy RegistrarPresident
Appendix
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
5931/06
13/12/2005
Nikolay Nikolayevich PROTAS
29/01/1945
Chelyabinsk
Vadim Dmitriyevich BOCHKAREV
30749/10
17/05/2010
Sergey Mikhaylovich MITYUSHIN
08/11/1965
Moscow
49995/10
02/08/2010
Nikolay Anatolyevich VITALYUYEV
25/11/1961
Smolensk
16226/11
15/02/2011
Aleksandr Sergeyevich INOZEMTSEV
19/12/1971
Kazan, Republic of Tatarstan
57463/11
25/07/2011
Aleksey Yevgenyevich MOKHOV
27/03/1968
Balakovo, Saratov region
Full & Egal Universal Law Academy