FIRST SECTION
DECISION
Application no. 3015/05
Arsen Armenakovich SUKHARIYAN
against Russia
The European Court of Human Rights (First Section), sitting on 27 November 2012 as a Committee composed of:
Elisabeth Steiner, President,
Anatoly Kovler,
Linos-Alexandre Sicilianos, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 23 December 2004,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Arsen Armenakovich Sukhariyan, is a Russian national, who was born in 1940 and lives in Rostov-On-Don.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained, inter alia, about seizure of his property, comprising a plot of land, two houses and a number of other related structures, for the purposes of municipal housing block construction, and his subsequent eviction from his house.
On 13 January 2011 the applicant’s complaints were communicated to the Government under Article 8 of the Convention and Article 1 of Protocol no. 1 thereto.
Following receipt of the Government’s observations on the admissibility and merits on 10 May 2011, the applicant was invited to submit, by 18 July 2011, his observations in reply. No reply was received to the Registry’s letter.
By letters dated 14 November 2011 and 1 June 2012, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired and that no extension of time had been requested. His 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. However, no response has been received.
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.
André WampachElisabeth Steiner
Deputy RegistrarPresident
Full & Egal Universal Law Academy