THIRD SECTION
DECISION
Application no. 56685/11
Sergey Yuryevich YEMELIN
against Russia
The European Court of Human Rights (Third Section), sitting on 3 December 2015 as a Committee composed of:
Helena Jäderblom, President,
Dmitry Dedov,
Branko Lubarda, judges,
and Karen Reid, Section Registrar,
Having regard to the above application lodged on 23 August 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Sergey Yuryevich Yemelin, is a Russian national, who was born in 1963 and is detained in Tver, Tver Region. He was represented before the Court by Mr Oreshonkov, lawyer practising in Moscow.
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 5 § 3 of the Convention about the length of pre-trial detention.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 22 June 2010 the applicant was arrested on suspicion of corruption.
On 24 June 2010 the Savelovskiy District Court of Moscow remanded the applicant in pre-trial detention. He remained in custody pending investigation and trial.
On 17 March 2011 the Moscow City Court found the applicant guilty as charged and sentenced him to seven years and six months of imprisonment and disqualification.
On 2 November 2011 the Supreme Court of Russia quashed the conviction and remitted the matter for fresh examination.
On 30 January 2012 the Moscow City Court issued a new conviction. It appears that the Supreme Court of Russia upheld the applicant’s conviction on appeal reducing his sentence to three years’ imprisonment.
On 2 July 2015 the Court communicated the case to the Russian Government.
On 26 August 2015 the applicant’s representative, without indicating any reasons, informed the Court that the applicant wanted to withdraw 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 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.
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 7 January 2016.
Karen ReidHelena Jäderblom
RegistrarPresident
Full & Egal Universal Law Academy