THIRD SECTION
DECISION
Application no. 5721/04
Artur Yevgenyevich YEZDAKOV and Dmitriy Viktorovich GRIGORYEV against Russia
and 8 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 6 February 2018 as a Committee composed of:
Helen Keller, President,
Pere Pastor Vilanova,
Alena Poláčková, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The applicants’ complaints concerning various complaints under Articles 3, 5 and 6 of the Convention and Article 4 of Protocol No. 7 to the Convention were communicated to the Russian Government, who were represented by Mr G. Matyushkin, Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.
The Government’s observations were forwarded to the applicants (or, where applicable, their representatives or contact persons), who were invited to submit their own observations. No replies were received to the Registry’s letters. The applicants’ attention was then drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.
In particular, as to application no. 5721/04, it is noted that the parties submitted observations in 2009. Following re-communication of the case in 2016, by letters dated 23 February 2017 sent by registered post, each of the two applicants was notified that the period allowed for submission of his observations had expired on 30 November 2016 and that no extension of time had been requested. The Court’s letter to the first applicant was returned as unclaimed. According to the Russian Post’s Online Tracking System (“RPOTS”), the letter to the second applicant was delivered on 16 March 2017. However, no response has been received by the Court.
As to application no. 34646/06, by letter dated 17 February 2017 sent by registered post to his address in Zarechnyy, the applicant was notified that the period allowed for submission of his observations had expired on 24 March 2016 and that no extension of time had been requested. According to the RPOTS, this letter was received on 14 March 2017. However, no response has been received by the Court.
As to application no. 16222/07, by a letter dated 12 May 2017 sent by registered post to the applicant’s representative, they were notified that the period allowed for submission of observations had expired on 31 March 2017 and that no extension of time had been requested. This letter was received on 29 May 2017. No response has been received by the Court.
As to application no. 40417/07, by letters dated 17 February 2017 sent by registered post to his two known addresses in Moscow, the applicant was notified that the period allowed for submission of his observations had expired on 4 January 2016 and that no extension of time had been requested. Those letters were received on 3 March 2017 by Ms Konkova. Also, in February 2017 a letter in similar terms was addressed to Mr Koblev, a lawyer practising in Moscow. However, no responses have been received by the Court.
As to application no. 27571/08, by a letter dated 12 May 2017 sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 31 March 2017 and that no extension of time had been requested. The letter has been returned to the Court as unclaimed.
As to application no. 18507/09, by letters dated 12 May and 26 July 2017, sent by registered post to the applicant’s representative and the applicant respectively, they were notified that the period allowed for submission of observations had expired on 31 March 2017 and that no extension of time had been requested. Both letters have returned to the Court as unclaimed.
As to application no. 58026/09, by a letter dated 12 May 2017 sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 31 March 2017 and that no extension of time had been requested. This letter was received on 10 June 2017. However, no response has been received by the Court.
As to application no. 36462/12, by a letter dated 14 February 2017 sent by registered post to the applicant’s last known home address, he was notified that the period allowed for submission of his observations had expired on 29 March 2016 and that no extension of time had been requested. According to the RPOTS, the Court’s letter was delivered on 24 March 2017. However, no response has been received. Another letter was sent by registered mail on 19 September 2017. It has been returned to the Court as unclaimed.
As to application no. 73418/13, by a letter dated 12 May 2017 sent by registered post to the applicant, he was notified that the period allowed for submission of his observations had expired on 31 March 2017 and that no extension of time had been requested. The letter was delivered on 26 June 2017. However, no response has been received by the Court.
THE LAW
The Court considers that the applications should be joined and considered in a single decision.
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the cases.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 1 March 2018.
Fatoş AracıHelen Keller
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
5721/04
28/12/2003
Artur Yevgenyevich YEZDAKOV
21/06/1977
Dmitriy Viktorovich GRIGORYEV
03/04/1964
34646/06
21/05/2006
Aybek Khabdulmutalapovich ZHAKIYANOV
12/09/1969
16222/07
03/02/2007
Grigoriy Sergeyevich GREKHOV
12/08/1961
40417/07
06/09/2007
Aleksandr Ivanovich KONKOV
13/12/1977
27571/08
08/05/2008
Aleksandr Ivanovich KLOCHKOV
30/05/1952
18507/09
05/03/2009
Andrey Sergeyevich KOZLOV
27/10/1976
58026/09
12/10/2009
Anton Sergeyevich FEDOROV
26/04/1984
36462/12
17/05/2012
Aleksandr Yakovlevich ANDREYEV
16/12/1974
73418/13
16/11/2013
Igor Olegovich POPOVSKIY
01/05/1976
Full & Egal Universal Law Academy