THIRD SECTION
DECISION
Application no. 51006/08
Yuriy Vladimirovich SALNIKOV
against Russia
The European Court of Human Rights (Third Section), sitting on 23 February 2016 as a Committee composed of:
George Nicolaou, President,
Branko Lubarda,
Pere Pastor Vilanova, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 9 September 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Yuriy Vladimirovich Salnikov, is a Russian national, who was born in 1971 and lived until his arrest in Moscow. He was represented before the Court by Mr A.M. Voronin, a lawyer practising in Moscow.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 6 of the Convention about the inability to examine witnesses testifying against him.
The applicant’s complaints were communicated to the Government, who submitted their observations on the admissibility and merits. By letter dated 29 September 2014 the observations were forwarded to the applicant’s representative, who was invited to submit his observations. Further by letter dated 24 October 2014 a copy of the English translation of the Government’s observations was forwarded to the applicant’s representative. No reply was received to the Registry’s letters.
By letter dated 16 January 2015, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 1 December 2014 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. However, no response has been received. The latest letter from the applicant arrived in February 2009.
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.
Done in English and notified in writing on 17 March 2016.
Marialena TsirliGeorge Nicolaou
Deputy RegistrarPresident
Full & Egal Universal Law Academy