NOVIKOV v. RUSSIA
Doc ref: 36819/10 • ECHR ID: 001-153989
Document date: March 24, 2015
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FIRST SECTION
DECISION
Application no . 36819/10 Mikhail Nikolayevich NOVIKOV against Russia
The European Court of Human Rights ( First Section ), sitting on 24 March 2051 as a Committee compos ed of:
Khanlar Hajiyev , President, Erik Møse , Dmitry Dedov, judges, and André Wampach , Deputy Section Registrar ,
Having regard to the above application lodged on 6 May 2010 ,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Mikhail Nikolayevich Novikov , is a national of Kazakhstan , who was born in 1970 .
The Russian Government (“the Government”) were represented by Mr G. Matyushkin , Representative of the Russian Federation at the European Court of Human Rights .
The facts of the case may be summarised as follows.
Between 25 January 2009 and 18 January 2010 the applicant was held in remand prison IZ-22/1 in the Altay Region.
After 18 January 2010 and until his death the applicant served the sentence in a correctional institution in the Altay Region.
COMPLAINT
The applicant complained under Article 3 of the Convention about the conditions of detention .
THE LAW
On 22 May 2014 the Court sent to the applicant a letter informing him that his complaint had been communicated to the Government.
By letter dated 14 July 2014, the prison management informed the Court that the applicant had died on 15 December 2011.
On 11 September 2014 the Government invited the Court to strike the application out of the list pursuant to Article 37 § 1 (c).
The Court takes note of the fact that the applicant has died and no member of his family or heir ha s manifested himself before the Court in order to continue the proceedings in his stead.
The Court considers with reference to Article 37 § 1 (c) of the Convention that, in these circumstances, it is no longer justified to continue the examination of the application. 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.
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 16 April 2015 .
André Wampach Khanlar Hajiyev Deputy Registrar President
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