FIRST SECTION
DECISION
Application no. 53416/07
Ulyana Ilyinichna SHCHEDROVA
against Russia
The European Court of Human Rights (First Section), sitting on 13 January 2015 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Erik Møse, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 24 March 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Ms Ulyana Ilyinichna Shchedrova, is a Russian national, who had been born in 1921 and lived in Birobidzhan.
2. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant complained under Article 6 of the Convention about her absence from the appeal hearing in the civil proceedings to which she was party.
4. The complaint was 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 her own observations. On 19 January 2014 the applicant’s daughter, Ms Yakobashvili, informed the Court that the applicant had died and expressed her wish to pursue the application in the applicant’s stead.
5. By letter dated 12 June 2014, the Court asked Ms Yakobashvili to submit a document showing that she was the applicant’s legal heir. No reply was received to this letter.
THE LAW
6. The Court takes note of the applicant’s death and observes that Ms Yakobashvili failed to provide a document showing that she was the applicant’s legal heir. It follows that she does not have locus standi to pursue the application in the applicant’s stead (see Léger v. France (striking out) [GC], no. 19324/02, §§ 50-51, 30 March 2009).
7. It has been the Court’s practice to strike applications out of the list of cases when a person wishing to pursue an application has provided no evidence of the status as an heir or close relative of an applicant (see Léger, cited above, § 50, with further references). 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.
8. Accordingly, the Court concludes that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 of the Convention.
9. 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 5 February 2015.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
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