SILANTYEV v. RUSSIA
Doc ref: 2460/10 • ECHR ID: 001-170871
Document date: January 5, 2017
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THIRD SECTION
DECISION
Application no . 2460/10 Sergey Vladimirovich SILANTYEV against Russia
The European Court of Human Rights (Third Section), sitting on 5 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 4 December 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Sergey Vladimirovich Silantyev, is a Russian national, who was born in 1970 and lives in Samara.
The Russian Government (“the Government”) was represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The applicant complained under Article 3 of the Convention about the conditions of detentions and lack of proper medical assistance and under Article 13 of the Convention about the lack of an effective domestic remedy to complain about those grievances.
The applicant ’ s complaints were 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 his observations in reply. No reply followed.
By letter dated 22 July 2016, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 9 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. 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 26 January 2017 .
FatoÅŸ Aracı Branko Lubarda Deputy Registrar President