THIRD SECTION

DECISION

Application no . 11673/15 Abdusami Abdusamatovich RAKHMONOV against Russia

The European Court of Human Rights ( Third Section ), sitting on 31 May 2016 as a Chamber composed of:

Luis López Guerra, President, Helena Jäderblom , Helen Keller, Dmitry Dedov, Branko Lubarda , Pere Pastor Vilanova , Alena Poláčková , judges, and Stephen Phillips , Section Registrar ,

Having regard to the above application lodged on 6 March 2015 ,

Having regard to the interim measure indicated to the respondent Government under Rule 39 of the Rules of Court,

Having regard to the observations and comments submitted by the respondent Government and by the applicant,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Abdusami Abdusamatovich Rakhmonov , is an Uzbek national who was born in 1974 and lived in Moscow after leaving Uzbekistan. He was represented before the Court by Ms R.S. Magomedova , a lawyer practising in Moscow.

2. The Russian Government (“the Government”) were represented by Mr G. Matyushkin , the Representative of the Russian Federation to the European Court of Human Rights.

3. The applicant complained under Article 3 of the Convention that his removal to Uzbekistan would put him at risk of ill-treatment at the hands of the Uzbek authorities.

4. On 11 March 2015 an interim measure under Rule 39 of the Rules of Court was indicated to the Government preventing the applicant ’ s removal to Uzbekistan.

5. On 15 September the applicant ’ s complaints were communicated to the Government and they were invited to submit written observations on the admissibility and merits of the case, which they did on 20 November 2015.

6. By a letter of 21 December 2015 the Government informed the Court that on 15 October 2015 the applicant had voluntarily left Russia for Ukraine without informing the Court of this development. The Government ’ s letter was forwarded to the applicant ’ s representative for comments.

7. On 12 February 2016 the applicant ’ s representative informed the Court that the applicant had indeed left Russia and travelled on to the Czech Republic via Ukraine. His relocation had been facilitated by the representative herself and third parties working for a partner organisation . She further stated that the applicant had arrived safely in the Czech Republic and had taken steps to obtain refugee status there.

THE LAW

8. The Court considers that, in view of the applicant ’ s voluntary departure from Russia to a third country, it is no longer justified to continue examination of the application within the meaning of Article 37 § 1 (c ) 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.

9. In view of the above, it is appropriate to strike the case out of the list and to discontinue the application of Rule 39 of the Rules of Court.

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 23 June 2016 .

Stephen Phillips Luis López Guerra Registrar President