THIRD SECTION
DECISION
Application no. 38304/13
Dzhamal Gasan Ogly SHALYYEV
against Russia
The European Court of Human Rights (Third Section), sitting on 16 January 2018 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 27 May 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Dzhamal Gasan Ogly Shalyyev, is a Russian national, who was born in 1969 and lives in Smolensk. He was represented before the Court by Mr S.A. Panchenko, a lawyer practising in Novomikhaylovskoye.
The Russian Government (“the Government”) were represented initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.
The applicant complained under Article 6 § 1 of the Convention about participation of a State prosecutor in civil proceedings between private parties.
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, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letter dated 8 September 2017, sent by registered post, the applicant’s representative was notified that the period allowed for submission of the applicant’s observations had expired on 9 August 2017 and that no extension of time had been requested. The attention of the applicant’s representative 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’s representative received the letter on 27 September 2017, however, no reply was sent to the Court.
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 8 February 2018.
Fatoş AracıLuis López Guerra
Deputy RegistrarPresident
Full & Egal Universal Law Academy