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CHUBRYNIN v. RUSSIA

Doc ref: 65225/11 • ECHR ID: 001-170875

Document date: January 5, 2017

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CHUBRYNIN v. RUSSIA

Doc ref: 65225/11 • ECHR ID: 001-170875

Document date: January 5, 2017

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 65225/11 Dmitriy Aleksandrovich CHUBRYNIN 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 3 October 2011,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Dmitriy Aleksandrovich Chubrynin, is a Russian national, who was born in 1982 and is detained in Valuyki, Belgorod region.

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

The applicant complained under Article 3 of the Convention that he had been ill ‑ treated by the police, and under Article 5 of the Convention that he had been unlawfully deprived of his liberty.

The applicant ’ s complaints were communicated to the Government, who submitted their observations on the admissibility and merits. On 23 January 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.

By letter dated 1 September 2015, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 27 March 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 ’ s detention facility received this letter on 25 September 2015. However, no response from the applicant followed.

On 15 January 2016 the letter of 1 September 2015 was forwarded by registered post to the applicant ’ s home address. It was received on 27 January 2016. No response from the applicant has been received by the Court.

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

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

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