THIRD SECTION
DECISION
Application no. 46937/09
Roman Yevgenyevich TETEREV against Russia
and 4 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 17 June 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applications is set out in the appendix.
The applicants’ complaints under Article 8 § 1 of the Convention concerning the allocation or transfer to a remote penal facility irrespective of family life considerations were communicated to the Russian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
The Court received the friendly-settlement declarations, signed by the Government which undertook to pay the applicants the amounts detailed in the appended table. However, no replies from the applicants were received to the Registry’s letters.
By letters dated as indicated in the appended table, sent by registered post, the applicants were notified that the period allowed for submission of their response to the declarations had expired and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.
As regards applications nos. 46937/09 and 32419/11, as of 17 and 23 December 2020 respectively, the letters were stored at a local post office for the applicants to collect. On 18 and 23 January 2021, respectively, the post office returned the letters to the Court as uncollected.
As to the remaining applications, the applicants received those letters on the dates indicated in the appended table. However, no response followed from them.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, 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 the rights as defined in the Convention and its Protocols which require the continued examination of the cases.
Accordingly, the cases should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 8 July 2021.
{signature_p_2}
Viktoriya MaradudinaDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 8 § 1 of the Convention
(allocation or transfer to a remote penal facility irrespective of family life considerations)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Other complaints under well-established case-law
Date of the Court’s letter sent by registered post
Date of receipt of the Court’s letter by the applicant(s)
46937/09
27/07/2009
Roman Yevgenyevich TETEREV
1975
Art. 6 – absence from a hearing;
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.
04/12/2020
Attempted delivery on 17/12/20, returned to sender as uncollected on 18/01/2021.
32419/11
26/03/2011
Denis Yevgenyevich KOROBOV
1979
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote facility.
04/12/2020
Arrived at the local post office on 23/12/20, returned to sender as uncollected on 23/01/2021.
8014/19
15/01/2019
Azamat Albertovich AGLIULLIN
1977
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony
04/12/2020
30/12/2020
16661/19
14/03/2019
(4 applicants)
Household
Magomesaid Sheykhovich GAZALIYEV
1964
Galimat Sheykhovna BUTAYEVA
1958
Azha Abdulayevna GAZALIYEVA
1932
Miyasat Sheykhovna MUSLIMOVA
1960
Okushko Tatyana Borisovna
Moscow
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
23/11/2020
07/12/2020
8440/20
17/01/2020
Aleksandr Valeryevich NOVOKHATSKIY
1978
Art. 13 - lack of any effective remedy in domestic law - in respect of allocation to a remote colony.
04/12/2020
21/12/2020
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