FIRST SECTION

DECISION

Application no . 11996/08 Mikhail Nikolayevich SOLGALOV 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 , Erik Møse , judges , and Søren Prebensen , Acting D eputy Section Registrar ,

Having regard to the above application lodged on 26 February 2008 ,

Having regard to the comments submitted by the Russian Government,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Mikhail Nikolayevich Solgalov , is a Russian national, who was born in 1972 and lives in Moscow . He was represented before the Court by Mr Y.N. Martynov , a lawyer practising in Moscow .

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 complains under Article 5 § 1 of the Convention that his detention between 15 May 2007 and 25 October 2007 was not covered by a judicial order.

He also complains under Article 5 § 4 of the Convention that the lawfulness of his detention in that period was not amenable to judicial review. He claims, in particular, that the proceedings that ended on 28 August 2007 did not constitute an effective remedy, in particular because he could not be present at the hearings.

The applicant ’ s complaints were communicated to the Government, who admitted violations of Article 5 § § 1 and 4 and made a friendly settlement proposal by letter dated 6 March 2013 .

By letter of 14 March 2013 the applicant was invited to submit a duly signed copy of the friendly settlement agreement by 28 March 2013. However, no reply was received from the applicant.

The Registry attempted to contact the applicant, and his 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.

By letter dated 28 August 2013 the applicant was notified that the period allowed for submission of the signed agreement had expired on 28 March 201 3.

The letter was delivered to the applicant on 25 September 2013. No response was received from the applicant, and no correspondence has been received from him thereafter.

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 Khanlar Hajiyev Acting D eputy Registrar President