THIRD SECTION
DECISION
Application no. 49660/11
Dmitriy Vladislavovich SHMYREV
against Russia
The European Court of Human Rights (Third Section), sitting 26 September 2017 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 5 August 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Dmitriy Vladislavovich Shmyrev, is a Russian national, who was born in 1966 and lives in Moscow.
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 24 April 2017, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 30 March 2017 and that no extension of time had been requested. He was also notified that he had been granted a new time-limit for submitting his observations by 24 May 2017. 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. After an unsuccessful attempted delivery, this letter dated 24 April 2017 remained unclaimed at the local post office for about one month. After that time the letter was returned 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 19 October 2017.
Fatoş AracıLuis López Guerra
Deputy RegistrarPresident
Full & Egal Universal Law Academy