KHARITONOVA v. RUSSIA
Doc ref: 56304/07 • ECHR ID: 001-174102
Document date: May 2, 2017
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THIRD SECTION
DECISION
Application no . 56304/07 Elvira Vitalyevna KHARITONOVA against Russia
The European Court of Human Rights (Third Section), sitting on 2 May 2017 as a C ommittee 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 10 November 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Elvira Vitalyevna Kharitonova , is a Russian national, who was born in 1940 and lives in Moscow.
The Russian Government (“the Government”) were initially represented by Mr G. Matyuskin , former Representative of the Russian Federation at the European Court of Human Rights, and subsequently by Mr A. Fedorov , Head of the Office of the Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 6 of the Convention that her deceased son had been found guilty of a crime in breach of the principle of presumption of innocence.
The applicant ’ s complaint was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit observations in reply. No response followed.
By letter dated 9 January 2017, sent by the registered post, the applicant was notified that the period allowed for submission of her observations had expired on 19 November 2015 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 23 January 2017. However, she did not reply back.
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 24 May 2017 .
FatoÅŸ Aracı Branko Lubarda Deputy Registrar President
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