THIRD SECTION
DECISION
Application no. 75328/16
Sergey Viktorovich ZHIGAYEV
against Russia
The European Court of Human Rights (Third Section), sitting on 1 July 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 26 November 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Sergey Viktorovich Zhigayev, was born in 1961.
The applicant was represented by Mr I. Potapov, a lawyer practising in Moscow.
The applicant’s complaints under Article 6 of the Convention concerning lack of impartiality of courts which had considered his administrative case in view of the absence of the prosecuting party from those proceedings were communicated to the Russian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letter dated 18 February 2021, sent through the Court’s Electronic Communications Service (eComms), the applicant’s representative was notified that the period allowed for submission of the observations had expired on 3 November 2020 and that no extension of time had been requested. The representative’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application 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’s representative downloaded that letter on 1 March 2021. However, no response has followed.
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 and the Protocols thereto, 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 22 July 2021.
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Viktoriya MaradudinaDarian Pavli
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy