THIRD SECTION
DECISION
Application no. 7689/11
Dmitriy Nikolayevich ZHURBA
against Russia
The European Court of Human Rights (Third Section), sitting on 20 June 2019 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 23 December 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Dmitriy Nikolayevich Zhurba, was born in 1987.
The applicant was represented by Ms Gromova, a lawyer practising in Vladivostok.
The applicant’s complaints under Article 6 §§ 1 and 3 (d) of the Convention 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.
By letters sent by registered post on 6 June 2016 and 10 October 2018, the applicant’s representative was notified that the period allowed for submission of the observations had expired on 4 April 2016 and that no extension of time had been requested. In the second letter, the applicant’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 Court’s letters returned to the Court, respectively, on 28 July 2016 as unclaimed and on 2 January 2019 as no such address existed. The applicant has not been in contact with the Court since 23 December 2010.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued 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 11 July 2019.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
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