THIRD SECTION

DECISION

Application no . 13817/09 Sergey Anatolyevich KALASHNIKOV against Russia

The European Court of Human Rights (Third Section), sitting on 28 June 2016 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 15 October 2008,

Having deliberated, decides as follows:

FACTS

The applicant, Mr Sergey Anatolyevich Kalashnikov, was a Russian national who was born in 1972 and lived in Rameshki, in the Tver 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 6 of the Convention about the unreasonable length of criminal proceedings brought against him.

On 7 April 2015 the Court decided to give notice of the above application to the Government.

On 15 September 2015 the Government submitted to the Registry their observations on the admissibility and merits of the application, in which they informed the Court that the applicant had died on 23 December 2013.

On 25 September 2015 a letter was sent to the applicant ’ s address enquiring whether any heirs or close family members wished to pursue the proceedings in respect of Mr Kalashnikov. No answer was received to this letter.

By letter of 12 February 2016, sent by registered post, the attention of the applicant ’ s family was drawn to the fact that in the absence of their reply before 11 March 2016, the Court may conclude that there were no heirs interested in pursuing the application and decide to strike the application out of its list of cases.

According to the information from the post office, the applicant ’ s relatives received this letter on 5 March 2016. However, no response has followed.

THE LAW

It has been the Court ’ s practice to strike applications out of the list of cases under Article 37 § 1 of the Convention in the absence of any heir or close relative who has expressed the wish to pursue an application (see Léger v. France (striking out) [GC], no. 19324/02 , § 44, 30 March 2009 with further references). From the developments set out above it appears that the applicant died in the course of the proceedings. No heirs or close relatives have expressed the wish to pursue the application on his behalf. As the Court finds no special circumstances regarding respect for human rights which require the continued examination of the case (contrast Karner v. Austria , no. 40016/98, §§ 24 ‑ 28, ECHR 2003 ‑ IX), it considers it appropriate to strike the application out of its list of cases under Article 37 § 1 (c) of the Convention.

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 21 July 2016 .

FatoÅŸ Aracı Helena Jäderblom              Deputy Registrar President