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POSTOVALOV v. RUSSIA

Doc ref: 10594/08 • ECHR ID: 001-155440

Document date: May 19, 2015

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POSTOVALOV v. RUSSIA

Doc ref: 10594/08 • ECHR ID: 001-155440

Document date: May 19, 2015

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 10594/08 Vladimir Yuryevich POSTOVALOV against Russia

The European Court of Human Rights ( First Section ), sitting on 19 May 2015 as a Committee composed of:

Khanlar Hajiyev, President, Julia Laffranque, Dmitry Dedov, judges, and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 9 February 2008 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Vladimir Yuryevich Postovalov , is a Russian national, who was born in 1956 and lives in Verbovyy Log, Rostov Region. He was represented before the Court by Mr A. Baldin , a lawyer practising in Volgodonsk .

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 applicant complained under Article 6 of the Convention about the inability to examine witnesses, whose testimony was used for conviction.

The applicant ’ s complaint was 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 own observations. No reply was received to the Registry ’ s letter.

By letter dated 4 November 2014, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 1 1 September 2014 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. He received this letter on 27 November 2014, 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 11 June 2015 .

André Wampach Khanlar Hajiyev Deputy Registrar President

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