THIRD SECTION
DECISION
Application no. 28117/11
Vitaliy Vladimirovich TULUPOV
against Russia
The European Court of Human Rights (Third Section), sitting on 11 March 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to the above application lodged on 19 April 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vitaliy Vladimirovich Tulupov, was born in 1971.
He was represented by Mr Y.V. Myasnikov a lawyer practising in Krasnoyarsk.
The applicant’s complaint under Article 4 § 1 of Protocol No. 7 to the Convention concerning the right not to be tried twice for the same offence as well as an issue under Article 7 of the Convention were communicated to the Russian Government (“the Government”), who submitted 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 9 July 2018, sent by registered post, the applicant’s representative was notified that the period allowed for submission of the applicant’s observations had expired on 14 May 2018 and that no extension of time had been requested. The letter was delivered to the address of the representative’s law-firm on 24 July 2018. However, no response has been received. A second letter, sent to the applicant by registered mail on 29 March 2019, returned to the Court as undelivered. A copy was also sent to the applicant’s representative by ordinary post. No reply followed. In both letters the attention of the applicant and his representative 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 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 1 April 2021.
Liv TigerstedtDarian Pavli
Deputy RegistrarPresident
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