MIRONOV v. RUSSIA
Doc ref: 38428/06 • ECHR ID: 001-150426
Document date: December 9, 2014
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FIRST SECTION
DECISION
Application no . 38428/06 Edgar Vladimirovich MIRONOV against Russia
The European Court of Human Rights ( First Section ), sitting on 9 December 2014 as a Committee composed of:
Khanlar Hajiyev , President, Erik Møse , Dmitry Dedov , judges,
and André Wampach , Deputy Section Registrar ,
Having regard to the above application lodged on 17 August 2006 ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Edgar Vladimirovich Mironov , is a Russian national, who was born in 1989 and lives in the town of Pskov . He was represented before the Court by Ms O. Semenova , a lawyer practising in the town of Orenburg .
The Russian Government (“the Gove rnment”) were represented by Mr G. Matyushkin , the Representative of the Russian Federation at the European Court of Human Rights.
On 20 June 2007 the Pskov Town Court found the applicant guilty of several counts of robbery and sentenced him to four years ’ imprisonment. On 12 September 2007 the Regional Court upheld his conviction on appeal.
On 20 December 2007 the Pskov Town Court found the applicant guilty of several counts of robbery and a rape and sentenced him to five years ’ imprisonment . The court also indicated that the applicant was to serve both sentences concurrently. On 6 February 2008 the Pskov Regional Court upheld the applicant ’ s conviction on appeal.
According to the applicant, t he criminal proceedings against him were unfair and his detention on remand was unlawful .
By a decision of 9 October 201 2 , the Court decided to give notice to the Government of the applicant ’ s complaints about various aspects of his detention on remand .
O n 7 February 2013 the applicant was invited to submit his observations by 1 1 April 2013. The Court did not receive any observations.
By a letter dated 1 8 December 2013, 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 ha d 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 1 8 December 2013 was received by the applicant on 6 January 201 4 .
THE LAW
In the light of the applicant ’ s failure to react to the Court ’ s letters dated 7 February and 1 8 December 2013, 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.
André Wampach Khanlar Hajiyev Deputy Registrar President
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