THIRD SECTION
DECISION
Application no. 50816/06
Sergey Vitalyevich SHVETSOV and Nikolay Svyatoslavovich CHEBYKIN
against Russia
The European Court of Human Rights (Third Section), sitting on 9 January 2018 as a Committee composed of:
Branko Lubarda, President,
Pere Pastor Vilanova,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 30 November 2006,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Sergey Vitalyevich Shvetsov and Mr Nikolay Svyatoslavovich Chebykin, are Russian nationals, who were born in 1970 and lived in Arkhangelsk before their conviction. Mr Sergey Vitalyevich Shvetsov was represented before the Court by Ms L. Korosteleva and Ms Y. Korsunova, Mr Nikolay Svyatoslavovich Chebykin was represented by Ms V. Lutsyshina, lawyers practising in Arkhangelsk.
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 applicants complained under Article 6 § 1 of the Convention that they had not had a public hearing and that the judgment in their case had not been pronounced publicly.
The applicants’ complaints were communicated to the Government, who submitted their observations on the admissibility and merits. On 18 July 2016 the observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.
By letters dated 22 November 2016 and 26 July 2017, sent by registered post, the applicants’ representatives were notified that the period allowed for submission of their observations had expired on 14 September 2016 and that no extension of time had been requested. The applicants’ representative’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 applicants’ representatives received the letters on 22 December 2016 and 16 August 2017. However, no response has been received by the Court.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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 1 February 2018.
Fatoş AracıBranko Lubarda
Deputy RegistrarPresident
Full & Egal Universal Law Academy