OSTANKO v. RUSSIA
Doc ref: 32325/06 • ECHR ID: 001-152272
Document date: January 13, 2015
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FIRST SECTION
DECISION
Application no . 32325/06 Lyubov Vasilyevna OSTANKO against Russia
The European Court of Human Rights ( First Section ), sitting on 13 January 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 7 July 2006 ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Lyubov Vasilyevna Ostanko , is a Russian national, who was born in 1959 and lives in the Leningrad region. She is represented before the Court by Dzh. S. Vareldzhyan, a lawyer practising in St Petersburg.
The Russian Government (“the Government” ) were represented by Mr G. Matyushkin , Representative of the Russian Federation at the European Court of Human Rights .
The applicant complained , without referring to any particular article of the Convention or its protocols, of her and her family ’ s eviction from the municipal flat.
The applicant ’ s complaint concerning her eviction 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 her own observations. No reply was received to the Registry ’ s letter.
By letter dated 26 September 2014 , sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of the applicant ’ s observations had expired on 9 July 2014 and that no extension of time had been requested. The applicant ’ s representative ’ 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. The applicant ’ s representative received this letter on 23 October 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 her 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 5 February 2015 .
André Wampach Khanlar Hajiyev Deputy Registrar President
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