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S.L. AND C.C. v. RUSSIA

Doc ref: 19115/19 • ECHR ID: 001-201192

Document date: January 14, 2020

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S.L. AND C.C. v. RUSSIA

Doc ref: 19115/19 • ECHR ID: 001-201192

Document date: January 14, 2020

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 19115/19 S.L. and C.C. against Russia

The European Court of Human Rights (Third Section), sitting on 14 January 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 9 April 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . The applicants, Mr S.L. and Mr C.C. are North Korean nationals, who were born in 1954 and 1955 respectively and live in Abakan and Kolpino. The President decided that the applicants ’ identities should not to be disclosed to the public (Rule 47 § 4). They were represented before the Court by Ms E. Davidyan, Ms D. Trenina and Mr K. Zharinov, lawyers practising in Moscow.

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

3 . The applicants complained under Article 2 and 3 of the Convention about the risk of death, torture and/or ill-treatment in case of their forced return to North Korea. They also complain, under Article 13 of the Convention, about the lack of effective domestic remedies in respect of their complaints under Articles 2 and 3.

4 . On 9 April 2019 the Court under Rule 39 indicated to the Russian Government that the applicants should not be removed to North Korea for the duration of the proceedings before the Court.

5 . On 17 September 2019 the Court decided to give notice to the Government of the applicants ’ complaints detailed above.

6 . On 10 October 2019 both applicants were granted temporary asylum until 7 June 2020. The applicants ’ representatives informed the Court of this fact by the letter of 18 October 2019 and stated that the applicants do no run the risk of removal any longer.

7 . The Government in their letter of 1 November 2019 stated that given the above development the present application should be dismissed.

THE LAW

8 . In the light of the foregoing, given the submissions of the parties 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.

9 . In view of the above, it is appropriate 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.

Done in English and notified in writing on 6 February 2020 .

Stephen Phillips Alena Poláčková Registrar President

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

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