FIRST SECTION

DECISION

Application no . 9362/08 Vladimir Vasilyevich SMIRNOV against Russia

The European Court of Human Rights ( First Section ), sitting on 21 October 2014 as a Committee composed of:

Khanlar Hajiyev , President, Julia Laffranque , Dmitry Dedov , judges,

and Søren Prebensen , Acting Deputy Section Registrar ,

Having regard to the above application lodged on 21 January 2008 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . The applicant, Mr Vladimir Vasilyevich Smirnov, is a Russian national, who was born in 1972 and lives in Voronezh . He was represented before the Court by Ms O.A. Sadovskaya , a lawyer practising in Nizhniy Novgorod.

2 . The Russian Government (“the Government”) were represented by Mr G. Matyushkin , the Representative of the Russian Federation at the European Court of Human Rights.

3 . The applicant complained under Article 3 of the Convention about the conditions of his detention and under Article 5 § 3 of the Convention about its excessive length.

4 . The applicant ’ s complaints were 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 his observations in reply . No reply was received to the Registry ’ s letter.

5 . By letter dated 28 August 2013 , sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of his observations had expired and that no extension of time had been requested. Her 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 24 September 2013 . However, no response has been received.

THE LAW

6. 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.

7. 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 Khanlar Hajiyev Acting Deputy Registrar President