THIRD SECTION
DECISION
Application no. 33148/15
Dmitriy Borisovich SUKHOMLINOV
against Russia
The European Court of Human Rights (Third Section), sitting on 10 October 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 15 June 2015,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Dmitriy Borisovich Sukhomlinov, is a Kazakh national, who was born in 1979 and lives in Krasnoyarsk.
The applicant’s complaint under Article 8 of the Convention was communicated to the Russian Government (“the Government”), who were represented 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 8 of the Convention that the decision by the domestic courts taken in October 2013 on his removal and deportation from Russia with the subsequent five-year re-entry ban for a single administrative infraction violated his right to respect for his family life.
On 28 June 2016 the above-mentioned complaint was communicated to the Government. On 24 October 2016 the Government submitted their observations to the Court. On 28 October 2016 these observations were forwarded to the address provided by the applicant for correspondence with the Court. He was invited to submit his observations by 29 December 2016. No reply was received to the Registry’s letter.
By letter dated 23 May 2017, 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. 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. On 6 July 2017 the letter returned as unclaimed.
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 9 November 2017.
Fatoş AracıLuis López Guerra
Deputy RegistrarPresident
Full & Egal Universal Law Academy