FIRST SECTION

DECISION

Application no. 27959/03 by Uktam YUSUPOV against Russia

The European Court of Human Rights (First Section), sitting on 6 May 2008 as a Chamber composed of:

Christos Rozakis , President, Anatoly Kovler , Elisabeth Steiner , Dean Spielmann , Sverre Erik Jebens , Giorgio Malinverni , George Nicolaou , judges, and Søren Nielsen, Section Registrar ,

Having regard to the above application lodged on 17 July 2003,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Uktam Usmonovich Yusupov , is a Ta d jikistani national who was born in 1959 and lives in the town of Istaravshan in Tajikistan . The Russian Government (“the Government”) are represented by Mrs V. Milinchuk , Representative of the Russian Federation at the European Court of Human Rights.

The facts of the case, as submitted by the parties, may be summarised as follows.

On 8 December 2000 the applicant was arrested on suspicion of drug trafficking. On an unspecified date he admitted to the drug charges , allegedly, without counsel being present . Later the applicant retained counsel, Ms Moroz , who then lodged complaints against the investigators.

In April 2001 the criminal case was sent to the Zheleznodorozhniy District Court of Novosibirsk for trial. According to the applicant, the trial court refused to admit Ms Moroz as counsel; legal-aid counsel was appointed instead. The applicant retracted his earlier statement, alleging compulsion, and pleaded not guilty. Both of his co-accused pleaded guilty and named the applicant as their accomplice. Their testimony was corroborated by other witnesses, including a Mr M. On 25 October 2002 the District Court convicted the applicant of drug trafficking and sentenced him to eight years ’ imprisonment.

The applicant and his new counsel Mrs R. appealed to the Novosibirsk Regional Court . They contested, in particular, the trial court ’ s findings of fact, its assessment of witness testimonies, including the applicant ’ s pre-trial confession statement given without counsel being present. In his statement of appeal, the applicant requested the court to grant additional time for preparing and submitting an additional statement of appeal. He also asked the appeal court for leave to appear before it. The prosecutor submitted her observations in reply on 20 January 2003.

On 29 January 2003 the Regional Court , having heard the prosecutor, upheld the judgment of 25 October 2002. The applicant was neither present nor represented at the hearing. Following the applicant ’ s complaint to the President of the District Court, a copy of the appeal judgment was given to him.

The applicant served his prison term in colony no. 14 in the town of Toguchin in the Novosibirsk Region.

COMPLAINTS

The applicant complained under Article 3 of the Convention that he had admitted to the charges against him under physical and psychological coercion.

The applicant complained under Article 5 of the Convention that his arrest had been unlawful and that he had not been brought before a judge.

The applicant complained under Article 6 §§ 1 and 3 of the Convention that

(a) he had not been provided with counsel after the arrest;

(b) his pre-trial confession should have been declared inadmissible because he had confessed under duress and without counsel being present;

(c) the trial court had given no reasons for not allowing Ms Moroz to represent him at trial;

(d) the trial court had wrongly relied on inconsistent incriminating statements by the applicant ’ s co-accused and Mr M. who had been an accomplice absolved from prosecution ;

(e) the length of the criminal proceedings against him had been unreasonable;

(f) the appeal court had failed to deal with his request for additional time and had not allowed him to attend the appeal hearing.

The applicant complained under Article 14 of the Convention that the investigators had been prejudiced against him because of his Tajikistani nationality.

THE LAW

On 2 May 2007 the Russian Government were notified of the present application under Rule 54 § 2 (b) of the Rules of Court.

By letters of 9 May and 17 August 2007 the applicant was asked to designate a representative in accordance with Rule 36 § 4 (a) of the Rules of Court.

By letter dated 4 September 2007 the Government ’ s observations were sent to the applicant, who was requested to submit any observations together with any claims for just satisfaction in reply by 6 November 2007.

On 26 November 2007 the Court received a letter from the colony administration advising that the Court ’ s correspondence could not be delivered because the applicant had been released on 23 March 2007 and had left for Tajikistan .

By letter dated 3 December 2007 , sent to the applicant ’ s address in Tajikistan by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 6 November 2007 and that no extension of time had been requested. The applicant ’ s 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 letter was delivered on 24 December 2007 . No response has been received.

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his 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. In view of the above, it is appropriate to discontinue the application of Article 29 § 3 and 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.

Søren Nielsen Christos Rozakis Registrar President