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K.Z. v. RUSSIA

Doc ref: 35960/18 • ECHR ID: 001-202172

Document date: February 25, 2020

  • Inbound citations: 6
  • Cited paragraphs: 2
  • Outbound citations: 0

K.Z. v. RUSSIA

Doc ref: 35960/18 • ECHR ID: 001-202172

Document date: February 25, 2020

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 35960/18 K.Z. against Russia

The European Court of Human Rights ( Third Section ), sitting on 25 February 2020 as a Committee composed of:

Alena Poláčková , President, Dmitry Dedov , Gilberto Felici , judges,

and Stephen Phillips , Section Registrar ,

Having regard to the above application lodged on 31 July 2018 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . The applicant, Mr K.Z. , is a Tajik national, who was born in 1975 . The President granted the applicant ’ s request for his identity not to be disclosed to the public (Rule 47 § 4). He was represented before the Court by Mr K. Zharinov , Ms E. Davidyan and Ms D. Trenina , lawyers practising in Moscow .

2 . The Russian Government (“the Government”) wer e represented by Mr M. Galperin , the Representative of the Russian Federation to the European Court of Human Rights.

3 . The applicant complained that he would face a real risk of being subjected to treatment in breach of Article 3 of the Convention in the event of his removal to Tajikistan .

4 . On 31 July 2018 the applicant ’ s request for an interim measure under Rule 39 of the Rules of Court was granted and his removal was stayed for the duration of the proceedings before the Court.

5 . The above complaint under Article 3 was communicated to the Government on 30 January 2019. They submitted to the Registry their observations on the admissibility and merits of the application.

6 . By letter of 26 April 2019 the applicant’s representative informed the Court that the applicant had been threatened by the Federal Security Service (FSB) officers and had been forced to leave Russia for Georgia. By letter of 23 May 2019 the Government informed that the applicant had voluntarily left for Georgia, and after arrival in Georgia, the applicant had left for Ukraine.

7 . By letter of 10 June 2019 the applicant’s representative informed the Court that the applicant currently resided in Poland where he had applied for asylum and that the applicant did not intend to make further submissions in respect of the above complaint.

THE LAW

8 . Having regard to the parties ’ arguments the Court notes that , after departing from Russia, the applicant no longer faces any risk of being expelled from Russia to his country of origin.

9 . In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, 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.

10 . In view of the above, it is appropriate to strike the case out of the list.

11 . In accordance with Article 28 § 2 of the Convention, the present decision is final. Accordingly, the Court considers that the measure indicated to the Government under Rule 39 of the Rules of Court 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 19 March 2020 .

Stephen Phillips Alena Poláčková Registrar President

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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