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PODYAPOLSKIY AND MAZUR v. RUSSIA

Doc ref: 22350/11 • ECHR ID: 001-171412

Document date: January 17, 2017

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PODYAPOLSKIY AND MAZUR v. RUSSIA

Doc ref: 22350/11 • ECHR ID: 001-171412

Document date: January 17, 2017

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 22350/11 Konstantin Viktorovich PODYAPOLSKIY and Olga Ulyanovna MAZUR against Russia

The European Court of Human Rights (Third Section), sitting on 17 January 2017 as a Committee composed of:

Helena Jäderblom , President, Dmitry Dedov , Branko Lubarda , judges,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 9 March 2011,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants, Mr Konstantin Viktorovich Podyapolskiy and Ms Olga Ulyanovna Mazur, are Russian nationals, who were born in 1950 and 1952 respectively and live in Moscow. They were represented before the Court by Mr A. Liptser , a lawyer practising in Moscow.

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

The applicants complained under Articles 3 and 13 of the Convention about their ill-treatment by the State Duma guards during an unauthorised demonstration and the lack of an effective investigation into the incident.

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

By letter dated 28 January 2016, sent by registered post, the applicants ’ representative was notified that the period allowed for submission of their observations had expired on 30 October 2015 and that no extension of time had been requested. The applicants ’ representative ’ 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 applicants ’ representative received this letter on 20 February 2016. However, no response has been received.

THE LAW

The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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 Helena Jäderblom              Deputy Registrar President

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