FIRST SECTION
DECISION
Application no. 45157/06
Karp Dmitriyevich RUSAVSKIY
against Russia
The European Court of Human Rights (First Section), sitting on 1 July 2014 as a Committee composed of:
Mirjana Lazarova Trajkovska, President,
Paulo Pinto de Albuquerque,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 17 October 2006,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Karp Dmitriyevich Rusavskiy, is a Russian national, who was born in 1975 and lives in Vladivostok.
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, a military officer, complained under Article 14 of the Convention taken in conjunction with Article 8 about the refusal of parental leave on the ground that parental leave could be granted only to female military personnel.
The applicant’s complaint was communicated to the Government, who submitted their 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 25 October 2013, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 11 September 2013 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 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 applicant received this letter on 26 February 2014. However, no response has been received.
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 WampachMirjana Lazarova Trajkovska
Deputy RegistrarPresident
Full & Egal Universal Law Academy