GNETNEV v. RUSSIA
Doc ref: 45424/11 • ECHR ID: 001-175954
Document date: June 27, 2017
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THIRD SECTION
DECISION
Application no . 45424/11 Sergey Nikolayevich GNETNEV against Russia
The European Court of Human Rights (Third Section), sitting on 27 June 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 28 May 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Sergey Nikolayevich Gnetnev , is a Russian national, who was born in 1982 and is detained in Angarsk. He was represented before the Court by Mr I. Afonin , a lawyer practising in Bratsk.
The applicant ’ s complaint under Article 6 of the Convention concerning the re-classification of the criminal charges against him at the closure of the hearing in his criminal case was communicated to the Russian Government (“the Government”), which were represented initially by Mr G. Matyushkin , Representative of the Russian Federation at the European Court of Human Rights , and then by his successor in that office, Mr M. Galperin .
The observations on the admissibility and merits of the case submitted by the Government were forwarded to the applicant, who was invited to submit observations in reply. No response followed.
By letter dated 17 January 2017, sent by the registered post, the applicant was notified that the period allowed for submission of his observations had expired on 28 October 2016 and that no extension of time had been requested. The applicant ’ 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. The applicant received that letter on 9 February 2017. However, he did not reply.
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 20 July 2017 .
FatoÅŸ Aracı Luis López Guerra Deputy Registrar President
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