FIRST SECTION
DECISION
Application no. 3282/06
Marina Valeryevna SAMSANKOVA
against Russia
The European Court of Human Rights (First Section), sitting on 26 November 2013 as a Committee composed of:
Elisabeth Steiner, President,
Mirjana Lazarova Trajkovska,
Linos-Alexandre Sicilianos, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 18 October 2005,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Marina Valeryevna Samsankova, is a Russian national, who was born in 1965 and lives in Tavrichanka.
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’s complaints under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 about non-enforcement of the final judgment of 31 May 2004 in her favour were communicated to the Government. In accordance with the pilot judgment Burdov v. Russia (no. 2) (no. 33509/04, ECHR 2009), the application was adjourned pending its resolution at the domestic level. On 8 September 2010 the Government informed the Court that the impugned judgment could not have been enforced since it had been quashed on 9 December 2005 by way of the supervisory-review procedure. They requested to resume the proceedings and reject the application as inadmissible. Their submissions were forwarded to the applicant, who was invited to submit her own observations. No reply was received to the Registry’s letter.
By letter dated 14 March 2013, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 22 October 2010 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 29 May 2013. 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 her 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 WampachElisabeth Steiner
Deputy RegistrarPresident
Full & Egal Universal Law Academy