KIREYEVA v. RUSSIA
Doc ref: 7556/13 • ECHR ID: 001-183239
Document date: April 10, 2018
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THIRD SECTION
DECISION
Application no. 7556/13 Alla Sergeyevna KIREYEVA against Russia
The European Court of Human Rights (Third Section), sitting on 10 April 2018 as a Committee composed of:
Alena Poláčková, President, Dmitry Dedov, Jolien Schukking, judges, and Fatoş Aracı, Deputy Section Registrar ,
Having regard to the above application lodged on 25 December 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Alla Sergeyevna Kireyeva, is a Russian national, who was born in 1981 and lives in Yartsevo, Smolensk Region
The Russian Government ("the Government") were represented initially by Mr Andrey Mikhailovich Fedorov, Head of the Office of the Representative of the Russian Federation at the European Court of Human Rights, and then by Mr M. Galperin, the Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 6 § 1 of the Convention about participation of a State prosecutor in civil proceedings between private individuals on the one side and the State authorities on the other.
The applicant ’ s complaints were communicated to the Government, who submitted their observations on the admissibility and merits of the case. The observations were forwarded to the applicant, who was invited to submit her own observations.
By letter dated 26 June 2017 the applicant submitted an authority form lacking information as to whether the designated representative was qualified to practice as a lawyer.
By letters dated 7 April and 18 August 2017 the applicant was notified that pursuant to Rule 36 §§ 2 and 4 she needed to be represented by an advocate before the Court at that stage of the proceedings. She was invited to specify the qualification of her representative and submit the relevant supporting documents. No reply was received to the Registry ’ s letters.
By the last letter dated 25 October 2017, sent by registered post, the applicant was repeatedly invited to submit the required information. The time-limit for the submission was extended till 22 November 2017. The applicant ’ s attention was drawn, in essence, 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. The applicant received the letter on 9 November 2017, however, no reply has been given to the Registry ’ s letter.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her 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 17 May 2018 .
Fatoş Aracı Alena Poláčková Deputy Registrar President
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