FIRST SECTION
DECISION
Application no. 53308/09
Y.U.
against Russia
The European Court of Human Rights (First Section), sitting on 10 December 2013 as a Committee composed of:
Elisabeth Steiner, President,
Linos-Alexandre Sicilianos,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 23 July 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Y. U., is a Russian national, who was born in 1988 and lives in St-Petersburg The President of the Section has decided not to disclose the applicant’s identity to the public (Rule 47 § 3).
The respondent Government were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 3 of the Convention that she had been raped by Mr A. on 6 July 2005 and that there had been no effective investigation following her complaint of rape.
The applicant’s complaint concerning the authorities’ failure to carry out an effective investigation into the applicant’s allegations of rape was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit her own observations. No reply was received to the Registry’s letter.
By letter dated 3 July 2013, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 3 May 2013 and that no extension of time had been requested. The applicant’s attention was 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. The applicant received this letter on 3 August 2013. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her application, 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 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.
André WampachElisabeth Steiner
Deputy RegistrarPresident
Full & Egal Universal Law Academy