THIRD SECTION
DECISION
Application no. 49537/14
Ukraine
against Russia
The European Court of Human Rights (Third Section), sitting on 1 September 2015 as a Chamber composed of:
Luis López Guerra, President,
Josep Casadevall,
Kristina Pardalos,
Ganna Yudkivska,
Johannes Silvis,
Valeriu Griţco,
Dmitry Dedov, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 9 July 2014,
Having regard to the interim measure indicated to both the respondent and the applicant Governments under Rule 39 of the Rules of Court,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The case originated in an application (no. 49537/14) against the Russian Federation lodged with the European Court of Human Rights (“the Court”) under Article 33 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by Ukraine on 9 July 2014.
The Government of Ukraine (“the applicant Government”) were represented, most recently, by Mr B. Babin, their Agent. The Russian Government (“the respondent Government”) were represented by their Agent, Mr G. Matyushkin.
The applicant Government complained under Articles 2, 3 and 5 of the Convention about deprivation of liberty and treatment of Mr H. Dzhemilov, a Ukrainian national belonging to the Crimean Tatars ethnic group, in the context of criminal proceedings which the Russian authorities have conducted against him.
On 10 July 2014 the President of the Section decided, in the interest of the parties and the proper conduct of the proceedings before the Court, to indicate to both the respondent and the applicant Governments, under Rule 39 of the Rules of Court, that they should ensure respect for the Convention rights of Mr H. Dzhemilov including, in particular, respect for security of his person and his right to legal assistance. In parallel, the President of the Section issued, under Rule 39, an interim measure to the same effect in the context of application no. 49522/14 introduced by Mr H.Dzhemilov, under Article 34 of the Convention, against both the Russian Federation and Ukraine.
On 15 May 2015 the applicant Government informed the Court that they did not wish to pursue the present application given that individual application no. 49522/14 introduced by Mr H. Dzhemilov and concerning the same subject matter has been pending before the Court.
On 3 June 2015 the respondent Government informed the Court, under Rule 43 § 2 of the Rules of Court, that they did not object to the application being struck out of the Court’s list.
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 or its Protocols, 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. It therefore decides to strike the application out of its list of cases.
Accordingly, the application of Rule 39 of the Rules of Court comes to an end, without prejudice to the above interim measure issued in the context of application no. 49522/14.
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 24 September 2015.
Stephen PhillipsLuis López Guerra
RegistrarPresident
Full & Egal Universal Law Academy