THIRD SECTION
DECISION
Application no. 44728/12
Ilnur Fanisovich SIBGATULLIN
against Russia
The European Court of Human Rights (Third Section), sitting on 25 September 2018 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 15 June 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ilnur Fanisovich Sibgatullin, is a Russian national, who was born in 1991 and lives in Nizhnekamsk.
The Russian Government ("the Government") were represented by Mr M. Galperin, the Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 6 § 1 of the Convention about participation of a State prosecutor in civil proceedings between a private individual on the one side and the State authority on the other.
The applicant’s complaints were communicated to the Government, who submitted their observations on the admissibility and merits of the case. The observations were forwarded to the applicant by the letter of 22 January 2018. The applicant was invited to submit his observations by 26 March 2018.
By the letter of 21 February 2018 the translation of the Government’s observations was forwarded to the applicant for information.
By the last letter of 16 April 2018, sent by the registered post, the applicant was repeatedly invited to submit his observations. The time-limit for the submission was extended till 14 May 2018. The applicant was notified that in case of his failure to comply, the Court might decide on the admissibility of the case on the basis of the file as it stood or might conclude that the applicant was no longer interested in pursuing the application and decide to strike it out of its list of cases. On 4 May 2018 the letter became available for pickup at the post office and the same day its delivery was attempted. On 5 June 2018 the letter was dispatched back to the sender and on 21 June 2018 reached the Court.
No reply has been given to the Registry’s above‑mentioned letters.
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 18 October 2018.
Fatoş AracıAlena Poláčková
Deputy RegistrarPresident
Full & Egal Universal Law Academy