THIRD SECTION
DECISION
Application no. 17085/21
Z.K.
against Russia
The European Court of Human Rights (Third Section), sitting on 30 June 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 1 April 2021,
Having regard to the decision to grant the applicant anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant Z.K. was born in 1988. He was represented by Mr K. Zharinov, Ms D. Trenina and Ms E. Davidyan, lawyers practising in Moscow.
The applicant’s complaints concerning the risk of being subjected to treatment in breach of Articles 2 and 3 of the Convention in case of his return to North Korea were communicated to the Russian Government (“the Government”). The Court indicated an interim measure to the Government under Rule 39 of the Rules of Court to suspend the applicant’s removal until the end of the proceedings before it.
By letter of 28 January 2022 the applicant’s representative Mr Zharinov informed the Court that the Russian migration authority granted the applicant temporary asylum for a year and discontinued administrative expulsion proceedings in his respect. Consequently, he wouldn’t submit the observations requested by the Court.
THE LAW
In view of the above, in particular of the absence at present of an enforceable removal decision against the applicant whose stay in Russia has been temporarily regularised, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application under Article 37 § 1 in fine.
Accordingly, the application should be struck out of the list.
Consequently, the interim measure previously indicated comes to an end.
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 July 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President