THIRD SECTION
DECISION
Application no. 2879/19
Tszyun TSAY
against Russia
The European Court of Human Rights (Third Section), sitting on 5 May 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 3 January 2019,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Tszyun Tsay, was born in 1975. He was represented by Mr V.L. Sapozhnikov, a lawyer practising in Moscow.
The applicant’s complaint under Article 8 of the Convention concerning the exclusion order of unlimited duration for a single administrative offence committed by him was communicated to the Russian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant’s representative, who was invited to submit observations on behalf of the applicant. No reply was received to the Registry’s letter.
By letter dated 21 September 2021, sent by registered post, the applicant’s representative was notified that the period allowed for submission of observations had expired on 18 August 2021 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 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. The applicant’s representative did not claim the letter at the post office, and it was returned to the Court.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
Accordingly, the case should be struck 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 25 May 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President