MOKHAMMAD KHAN v. RUSSIA
Doc ref: 2137/12 • ECHR ID: 001-148514
Document date: November 4, 2014
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FIRST SECTION
DECISION
Application no . 2137/12 Dzhalil Akhmad MOKHAMMAD KHAN against Russia
The European Court of Human Rights ( First Section ), sitting on 4 November 2014 as a Committee composed of:
Mirjana Lazarova Trajkovska , President, Linos -Alexandre Sicilianos , Ksenija Turković , judges, and Søren Prebensen , Acting Deputy Section Registrar ,
Having regard to the above application lodged on 20 December 2011 ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Dzhalil Akhmad Mokhammad Khan , is an Afghan national, who was born in 1972 and lives in the city of Moscow He was represented before the Court by Ms Olga Plykina , a lawyer practising in Moscow .
The Russian Government (“the Government”) we re represented by Mr G. Matyushkin , the Representative of the Russian Federation at the European Court of Human Rights.
According to the applicant, he was unable to regularise his illegal stay in Russia with reference to his family situation.
By a decision of 26 January 201 2 , the Court decided to give notice to the Government of the applicant ’ s complaints about his status and various aspects of administrative and court proceedings in his case .
Following the exchange of various submissions made by the parties, on letter of 26 February 2010 the applicant and his counsel informed the Court that the applicant wished “to drop the complaint and withdraw from the proceedings”.
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.
Søren Prebensen Mirjana Lazarova Trajkovska Acting Deputy Registrar President