THIRD SECTION
DECISION
Application no. 11053/12
Magomed SAIDGADZHIYEV and Magomedtagir AKHMEDOV
against Russia
The European Court of Human Rights (Third Section), sitting on 25 September 2018 as a Committee composed of:
Branko Lubarda, President,
Pere Pastor Vilanova,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 20 February 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Magomed Saidgadzhiyev and Mr Magomedtagir Akhmedov, are Russian nationals, who were born in 1934 and 1936 respectively. The first applicant resides in the village of Dzhanga, and the second applicant in the village of Gubden, in the Karabudakhkentskiy district, Dagestan.
The applicants complained under Articles 2 and 13 of the Convention of the alleged killing of their sons Mr Saidgadzhi Saidgadzhiyev and Mr Gadzhimagomed Akhmedov by State agents in October 2008 in Dagestan and the authorities’ failure to investigate the matter effectively.
The Russian Government (“the Government”) were represented before the Court by Mr M. Galperin, the Representative of the Russian Federation to the European Court of Human Rights.
On 29 June 2017, the above-mentioned complaints were communicated to the Government. On 19 October 2017 the Government submitted their observations to the Court. On 24 October 2017 the observations were forwarded to the first applicant’s address and the applicants were invited to submit their observations. No reply was received to the Registry’s letter.
By letter dated 23 April 2018, sent by registered post to the second applicant’s address, the applicants were notified that the period allowed for submission of their observations had expired on 19 December 2017 and that no extension of time had been requested. Their attention was drawn to Article 37 § 1 (a) of the Convention. That letter was received by the applicants on 17 May 2018, but no reply followed.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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.
Done in English and notified in writing on 18 October 2018.
Fatoş AracıBranko Lubarda
Deputy RegistrarPresident
Full & Egal Universal Law Academy