KHACHATRYAN v. RUSSIA
Doc ref: 19359/16 • ECHR ID: 001-178715
Document date: October 10, 2017
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THIRD SECTION
DECISION
Application no . 19359/16 Gurgen Vovayevich KHACHATRYAN against Russia
The European Court of Human Rights (Third Section), sitting on 10 October 2017 as a Committee composed of:
Luis López Guerra, President, Dmitry Dedov, Jolien Schukking, judges,
and Fatoş Aracı, Deputy Section Registrar ,
Having regard to the above application lodged on 16 March 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Gurgen Vovayevich Khachatryan, is an Armenian national, who was born in 1986 and lives in Novokubansk. He was represented before the Court by Mr O.V. Zhurda, a lawyer practising in Novokubansk.
The applicant ’ s complaint under Article 8 of the Convention was 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 .
The applicant complained that the decision taken by the domestic courts in 2015 concerning his removal and deportation from Russia for a single administrative infraction violated his right to respect for his private and family life under Article 8 of the Convention.
On 23 September 2016 the above-mentioned complaint was communicated to the Government. On 18 January 2017 the Government submitted their observations to the Court. On 25 January 2017 the observations were forwarded to the applicant and he was invited to submit his observations. No reply was received to the Registry ’ s letter.
By letter dated 7 July 2017, sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of the observations had expired on 29 March 2017 and that no extension of time had been requested. The attention of the applicant ’ s representative 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. The applicant ’ s representative received the letter on 26 July 2017 but no reply 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 9 November 2017 .
FatoÅŸ Aracı Luis López Guerra Deputy Registrar President
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