THIRD SECTION

DECISION

Application no. 17709/18 Khayrupa Abdulkhalikovich ASKHABALIYEV against Russia

The European Court of Human Rights (Third Section), sitting on 9 September 2021 as a Committee composed of:

Darian Pavli, President, Dmitry Dedov, Peeter Roosma, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 22 March 2018,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Khayrupa Abdulkhalikovich Askhabaliyev, was born in 1975.

The applicant was represented by Ms Yelena Nikolayevna Moskalets, a lawyer practising in Rostov-on-Don.

The applicant’s complaints under Articles 3 and 6 of the Convention concerning ill-treatment during his arrest and use of confession statements obtained under duress 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 to the Registry’s letter.

By letter dated 7 January 2020, sent through the Court’s Electronic Communications Service (“eComms”), the applicant’s representative was notified that the period allowed for submission of the observations had expired on 10 December 2019 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. The applicant’s representative downloaded that letter on 9 January 2020. However, no response followed. On 30 September 2020 another reminder was sent to the applicant’s representative through eComms, but the representative has not downloaded the Court’s letter and has not replied.

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 30 September 2021.

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Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President