FIRST SECTION
DECISION
Application no. 20141/05
by Andrey SOLOMATIN
against Russia
The European Court of Human Rights (First Section), sitting on 14 June 2007 as a Chamber composed of:
MrC.L. Rozakis, President,
MrL. Loucaides,
MrsN. Vajić,
MrA. Kovler,
MrK. Hajiyev,
MrS.E. Jebens,
MrG. Malinverni, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 12 April 2005,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Andrey Anatolyevich Solomatin, is a Russian national who was born in 1973 and lives in the town of Saransk in the Mordoviya Republic. The respondent Government were represented by Mr P. Laptev, the Representative of the Russian Federation at the European Court of Human Rights.
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicant is disabled. The State is under a legal obligation to provide employment for him.
The applicant sued the Government of the Mordoviya Republic, the Saransk Administration and the Saransk Employment Office for appointment to a position suitable for a disabled person. On 21 September 2004 the Supreme Court of the Mordoviya Republic allowed his claims and ordered that the defendants provide the applicant with suitable employment.
The judgment became enforceable on the same day. It was enforced on 5 July 2005.
COMPLAINTS
The applicant complained under Article 6 of the Convention about non-enforcement of the judgment of the Supreme Court of the Mordoviya Republic of 21 September 2004.
The applicant complained under Articles 14 of the Convention about discrimination against him on account of his disability.
THE LAW
On 24 October 2006 the Court received a letter from the applicant which read as follows:
“I express gratitude for your assistance and ask you, under Article 37 of the Convention, to discontinue the examination of my application against Russia. As a result of the intervention by the European Court I have been provided with employment.”
The applicant submitted a copy of the employment contract.
The Court recalls Article 37 of the Convention which, in the relevant part, reads as follows:
“1. The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that
(a) the applicant does not intend to pursue his application;
...
However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the Protocols thereto so requires.”
It follows from the applicant’s letter that he does not intend to pursue his application. The Court considers that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the case.
In these circumstances it considers that Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list in accordance with Article 37 § 1 (a) of the Convention.
For these reasons, the Court unanimously
Decides to discontinue the application of Article 29 § 3 of the Convention and to strike the application out of its list of cases.
Søren NielsenChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy