DADAYEV v. RUSSIA
Doc ref: 56510/11 • ECHR ID: 001-185341
Document date: July 3, 2018
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THIRD SECTION
DECISION
Application no. 56510/11 Beslan Zalimkhanovich DADAYEV against Russia
The European Court of Human Rights (Third Section), sitting on 3 July 2018 as a Committee composed of:
Branko Lubarda , President, Pere Pastor Vilanova , Georgios A. Serghides , judges,
and Fatoş Aracı , Deputy Section Registrar ,
Having regard to the above application lodged on 8 August 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Beslan Zalimkhanovich Dadayev , is a Russian national, who was born in 1975 and was detained in Petrozavodsk. He was represented before the Court by Mr E. Markov, a lawyer actually practising in Budapest.
The applicant ’ s complaints under Articles 9 § 1 and 14 of the Convention were communicated to the Russian Government (“the Government”), who were represented initially by Mr G. Matyushkin , the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin .
On 15 October 2013 the complaints were communicated to the Government. In 2014 the parties submitted their observations on the admissibility and merits of the case.
By a letter dated 9 January 2018, sent by registered post, the applicant ’ s representative was requested to inform the Court whether the applicant wishes to further maintain the application. The applicant ’ s representative ’ s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.
On 1 February 2018 the postal services forwarded the letter back to the Court as “not claimed”.
The applicant also failed to respond to the Registry ’ s letter of 23 February 2018, sent by registered post, requesting him whether he wishes to maintain his application. His attention was also drawn to the fact that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The letter was received by the applicant on 14 March 2018. However, no response followed.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of 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 its Protocols which require the continued examination of the case.
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 26 July 2018 .
FatoÅŸ Aracı Branko Lubarda Deputy Registrar President
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