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KONDRASHOV v. RUSSIA

Doc ref: 49698/06 • ECHR ID: 001-171318

Document date: January 17, 2017

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KONDRASHOV v. RUSSIA

Doc ref: 49698/06 • ECHR ID: 001-171318

Document date: January 17, 2017

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 49698/06 Konstantin Anatolyevich KONDRASHOV against Russia

The European Court of Human Rights (Third Section), sitting on 17 January 2017 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 20 October 2006,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Konstantin Anatolyevich Kondrashov, is a Russian national, who was born in 1968 and lives in Moscow.

The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.

The applicant complained under Articles 8 and 34 of the Convention alleging interference with his correspondence with the Court and hindrance of his right to individual petition on the part of the administration of a penal facility.

The applicant ’ s complaints were communicated to the Government, who submitted their observations on the admissibility and merits. On 18 March 2015 the observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry ’ s letter.

The applicant claimed not to have received correspondence from the Court. On 23 June 2015 copies of three letters by the Registry were sent to the applicant, and the time-limit for submission of his observations was extended until 18 August 2015.

By letter dated 28 October 2015, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 18 August 2015 and that no further 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. According to the postal register, the applicant received this letter on 13 November 2015. However, no response has been received.

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 February 2017 .

FatoÅŸ Aracı Branko Lubarda              Deputy Registrar President

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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