THIRD SECTION
DECISION
Application no. 8664/11
Anatoliy Nikolayevich SKLYARENKO
against Russia
The European Court of Human Rights (Third Section), sitting on 2 October 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 27 December 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Anatoliy Nikolayevich Sklyarenko, is a Russian national, who was born in 1950 and lives in Kholmskaya, Krasnodar Region.
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. By the letter of 22 January 2018 the observations were forwarded to the applicant, who was invited to submit his own observations in reply by 16 March 2018.
By the letter of 13 February 2018 the translation of the Government’s observations was forwarded to the applicant.
By the last letter of 3 May 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations on the admissibility and merits of the application expired on 16 March 2018 and that no extension of time had been requested. 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. The applicant was also asked to designate a representative in accordance with paragraph 4 (a) of Rule 36 by 31 May 2018. The applicant received the letter on 23 May 2018, however, no reply has been given to the Registry’s letter.
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 25 October 2018.
Fatoş AracıAlena Poláčková
Deputy RegistrarPresident
Full & Egal Universal Law Academy