FIRST SECTION
DECISION
Application no. 28158/07
Igor Viktorovich TARANZHIN
against Russia
The European Court of Human Rights (First Section), sitting on 27 November 2012 as a Committee composed of:
Nina Vajić, President,
Khanlar Hajiyev,
Erik Møse, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 23 April 2007,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Igor Viktorovich Taranzhin, is a Russian national, who was born in 1984 and lived before his arrest in 2005 in Surskoe Settlement (the Ulyanovsk Region). The applicant was represented before the Court by Mrs Tatyana Aleksandrovna Taranzhina.
The respondent Government were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
On 4 September 2006 the Ulyanovsk Regional Court convicted the applicant of numerous crimes and sentenced him to 23 years’ imprisonment.
On 25 October 2006 the Supreme Court of Russia upheld the judgment of 4 September 2006 in the absence of the applicant and his counsel. The prosecutor was present and made submissions.
The applicant complained about ill-treatment by the police during the investigation and about various procedural violations during the criminal proceedings against him. The applicant raised Articles 1, 3, 6, 7, 8, 13 and 17 of the Convention.
The applicant’s complaints under Article 6 concerning the absence of the applicant and his legal counsel at the appeal hearing were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letter dated 20 May 2011, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 29 November 2010 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. However, no response has been received to date.
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 WampachNina Vajić
Deputy RegistrarPresident
Full & Egal Universal Law Academy