THIRD SECTION

DECISION

Application no. 1271/18 Valeriy Timofeyevich CHERNYSHOV against Russia

The European Court of Human Rights (Third Section), sitting on 7 October 2021 as a Committee composed of:

Peeter Roosma, President, Dmitry Dedov, Andreas Zünd, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 28 December 2017,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Valeriy Timofeyevich Chernyshov, was born in 1953.

The applicant’s complaint under Article 6 §§ 1 and 3 (d) of the Convention concerning the applicant’s inability to challenge the expert evidence introduced by the prosecution was 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 March 2021, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 18 February 2021 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 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. After several unsuccessful delivery attempts, the letter returned to the Court on 15 May 2021 as “unclaimed”.

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 28 October 2021.

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Viktoriya Maradudina Peeter Roosma Acting Deputy Registrar President