FIRST SECTION
DECISION
Application no. 7850/05
by Andrey Gennadyevich VORONTSOV
against Russia
The European Court of Human Rights (First Section), sitting on 16 September 2010 as a Chamber composed of:
Christos Rozakis, President,
Nina Vajić,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 17 January 2005,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Andrey Gennadyevich Vorontsov, is a Russian national who was born in 1972 and lives in Kopeysk. At the time of the introduction of the application the applicant was detained in pre-trial detention centre IZ-74/1. The respondent Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 30 May 2004 the authorities entered and searched the applicant's flat, having found some apparently stolen items. The applicant was arrested on suspicion of having committed theft.
Thereafter the applicant was detained first in the temporary detention ward and then in pre-trial detention centre.
It appears that on 1 June 2004 the applicant's pre-trial detention was authorised by the Leninskiy District Court of the town of Chelyabinsk.
On 3 June 2004 the applicant brought appeal proceedings against the detention order.
According to the applicant, his appeal was not examined by the Chelyabinsk Regional Court until 22 July 2004.
On 2 November 2004 the applicant's case was examined by the Leninskiy District Court of the town of Chelyabinsk. The applicant was found guilty of theft and sentenced to 3 years and 6 month of imprisonment.
This judgment was upheld on appeal by the Chelyabinsk Regional Court on 28 January 2005.
COMPLAINTS
1. The applicant complained under Article 5 of the Convention that his appeal against the detention order was examined with an almost two months delay.
2. He also complained that the proceedings were unfair and that the initial search of his apartment was unlawful.
THE LAW
On 9 April 2009 the President of the Court gave notice of the application to the respondent Government under Rule 54 § 2 (c) of the Rules of Court. The Government submitted their observations on the admissibility and merits of the case on 9 September 2009.
By letter of 14 September 2009 the applicant was requested to submit, by 16 November 2009, his comments on the Government's observations.
As the applicant had not replied, by letter of 27 November 2009, sent by registered mail, his attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court can strike a case out of its list where the circumstances lead to the conclusion that an applicant does not intend to pursue the application.
The Court notes that, despite the Court's letters of 27 November 2009 and 27 January 2010, the applicant has not submitted his observations in reply to those of the Government. Nor has he made any other submissions to the Court.
Against this background, the Court considers that the applicant has lost interest in pursuing the application. The Court finds no reasons concerning respect for human rights warranting the further examination of the case. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Søren NielsenChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy