ZHERNOSEK v. RUSSIA
Doc ref: 44893/10;75947/14 • ECHR ID: 001-164725
Document date: June 7, 2016
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THIRD SECTION
DECISION
Applications nos . 44893/10 and 75947/14 Sergey Vasilyevich ZHERNOSEK against Russia and Bakhodur Radzhabovich RASULOV against Russia
The European Court of Human Rights ( Third Section ), sitting on 7 June 2016 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 applications lodged on 15 July 2010 and 21 November 2014 respectively,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case, Mr Sergey Vasilyevich Zhernosek , is a national of Belarus , who was born in 1981 and lives in Polotsk .
The applicant in the second case, Mr Bakhodur Radzhabovich Rasulov , is a national of Tajikistan , who was born in 1984 and lives in Zhilgorodok .
The Russian Government (“the Government”) were represented by Mr G. Matyushkin , the Representative of the Russian Federation at the European Court of Human Rights.
The applicants raised complaints under various provisions of the Convention .
After the Government had their observations on the admissibility and merits , the applicants were invited to submit their observations in return . No reply was received to the Registry ’ s letter s .
By letter s dated 6 November 2015 , sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 9 December 2014 and 5 October 2015 respectively and that no extension of time had been requested. The applicants ’ 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 received th ese letter s on 23 and 26 November 2015 respectively . However, no response has been received.
THE LAW
The Court considers that the applications should be joined and considered in a single decision.
The Court further considers that the applicants may be regarded as no longer wishing to pursue their applications , 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 cases.
In view of the above, it is appropriate to strike the case s out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the m out of its list of cases.
Done in English and notified in writing on 30 June 2016 .
FatoÅŸ Aracı Branko Lubarda Deputy Registrar President
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