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ASMAROVY v. RUSSIA

Doc ref: 51298/17 • ECHR ID: 001-189487

Document date: December 13, 2018

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ASMAROVY v. RUSSIA

Doc ref: 51298/17 • ECHR ID: 001-189487

Document date: December 13, 2018

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 51298/17 Intigam ASMAROV and Sona ASMAROVA against Russia

The European Court of Human Rights (Third Section), sitting on 13 December 2018 as a Committee composed of:

Alena Poláčková, President, Dmitry Dedov, Jolien Schukking, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 11 July 2017 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants are Mr Intigam Asmarov, a Georgian national who was born in 1977, and Ms Sona Asmarova, a Russian national who was born in 1984. The applicants are married and live in Ryazhsk.

They were represented before the Court by Ms D.N. Timoshkina, a lawyer practising in Ryazan.

The applicants ’ complaints under Articles 8 and 13 of the Convention concerning the annulment of the first applicant ’ s residence permit and the lack of effective judicial examination of the appeals against this annulment, were communicated to the Russian Government (“the Government”) , who submitted observations on the admissibility and merits.

By letter dated 12 July 2018, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 17 May 2018 and that no extension of time had been requested. The applicants ’ 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 applicants received this letter on 27 July 2018. However, no response has been received.

THE LAW

In the light of the foregoing, t he Court concludes that the applicants may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued 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 17 January 2019 .

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

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