THIRD SECTION
DECISION
Application no. 8889/17
Diana Tamaziyevna TSKHOMELIDZE
against Russia
The European Court of Human Rights (Third Section), sitting on 28 November 2019 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 29 December 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Diana Tamaziyevna Tskhomelidze, was born in 1988 and lives in Volgograd.
The applicant was represented by Mr Kolesnikov, a lawyer practising in Volgograd.
The applicant’s complaint under Article 5 of the Convention concerning her house arrest 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. The Court’s letter came back on 20 April 2018 as “unclaimed”.
By letter dated of 2 January 2019, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 27 March 2018 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 received this letter on 14 January 2019. However, no response has been received.
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 19 December 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
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