FIRST SECTION
DECISION
Application no. 53587/11
Anatoliy Ivanovich ZARKOV and Others
against Russia
The European Court of Human Rights (First Section), sitting on 21 April 2015 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Erik Møse, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 1 August 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicants, Mr Anatoliy Ivanovich Zarkov, born in 1953, Mr Denis Anatolyevich Zarkov, born in 1983 and Mr Dmitriy Anatolyevich Zarkov, born in 1987, are Russian nationals and live in Sayanogorsk.
2. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. The applicants complained under Article 6 of the Convention about their absence from the appeal hearing in the civil proceedings to which they were party.
4. The applicants’ complaint was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.
5. By letter dated 20 March 2014, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 5 November 2013 and that no extension of time had been requested. The applicants’ 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 applicants received this letter on 4 April 2014. However, no response has been received.
THE LAW
6. The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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.
7. 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.
Done in English and notified in writing on 21 May 2015.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
Full & Egal Universal Law Academy