GAVRILOV v. RUSSIA
Doc ref: 29489/07 • ECHR ID: 001-154092
Document date: March 24, 2015
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FIRST SECTION
DECISION
Application no . 29489/07 Vladimir Igorevich GAVRILOV against Russia
The European Court of Human Rights ( First Section ), sitting on 24 March 2015 as a Committee composed of:
Khanlar Hajiyev , President, Julia Laffranque , Erik Møse , judges, and André Wampach , Deputy Section Registrar ,
Having regard to the above application lodged on 14 June 2007 ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vladimir Igorevich G avrilov , is a Russian national, who was born in 1959 and lives in the town of Bataysk, Rostov R egion. He was repres ented before the Court by Mr V. I. Solomichev, a lawyer practising in Rostov-o n-Don .
The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
On 9 February 2007 the applicant was arrested on suspicion of drug offences. Later he was charged with attempted drug trafficking.
The applicant was in pre-trial detention from 10 to 26 February 2007, and from 20 June to 6 November 2007, the date when the Bataysk Town Court found him guilty of attempted drug trafficking and sentenced him to seven years ’ imprisonment.
On 15 January 2008 the Rostov Regional Court examined the case on appeal, re-qualified the applicant ’ s actions and reduced his sentence to six years.
According to the applicant, his detention between 21 and 26 February 2007 was unlawful.
By a decision of 16 October 2013, the Court decided to give notice to the Government of the applicant ’ s complaints about the alleged un lawfulness of his detention between 21 and 26 February 2007 .
On 11 February 2014 the applicant was invited to submit his observations by 15 April 2014. The Court did not receive any observations.
By a letter dated 24 July 2014, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired 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. No response followed. The letter of 24 July 2014 was received by the applicant ’ s lawyer on 15 October 2014.
THE LAW
In the light of the applicant ’ s failure to react to the Court ’ s letters dated 11 February and 24 July 2014 , and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in a ccordance with Article 37 § 1 (a ) of the Convention, considers that it is no longer justified to continue the examination of the application.
Accordingly, the case should be struck 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 16 April 2015 .
André Wampach Khanlar Hajiyev Deputy Registrar President
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