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S.G. v. RUSSIA

Doc ref: 48902/10 • ECHR ID: 001-147831

Document date: October 7, 2014

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S.G. v. RUSSIA

Doc ref: 48902/10 • ECHR ID: 001-147831

Document date: October 7, 2014

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 48902/10 S.G . against Russia

The European Court of Human Rights ( First Section), sitting on 7 October 2014 as a Committee composed of:

Mirjana Lazarova Trajkovska , President,

Paulo Pinto de Albuquerque ,

Ksenija Turković , judges,

and Søren Prebensen , Acting Deputy Registrar ,

Having regard to the above application lodged on 25 October 2011,

Having deliberated, decides as follows:

THE FACTS

1 . The applicant, Mr S.G., is a Russian national, who was born in 1974 and lives in Vladivostok. The President granted the applicant ’ s request for his identity not to be disclosed to the public (Rule 47 § 4).

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

3 . On 26 December 2007 the applicant signed a ten-year military service contract with the Primorskiy regional division of the Federal Security Service. On 28 April 2010 the applicant asked the chief of the Primorskiy division of the Federal Security Service for permission to travel abroad in the period between March and July 2010.

4 . By report of 7 March 2010, the permission was refused and the applicant ’ s right to leave Russia was restricted, on account of his previous awareness of State secrets, until 19 August 2014. On 5 May 2011 the Military Panel of the Supreme Court of the Russian Federation upheld the restriction at final instance.

COMPLAINT

5 . The applicant complains under Article 2 § 2 of Protocol No. 4 about an unjustified restriction on his right to leave Russia.

THE LAW

6 . By letter of 7 August 2014, the applicant informed the Court that he wished to withdraw the application.

7 . Article 37 of the Convention provides as follows:

“1. The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that

(a) the applicant does not intend to pursue his application

...

However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the Protocols thereto so requires.

2. The Court may decide to restore an application to its list of cases if it considers that the circumstances justify such a course.”

8 . The Court notes the applicant ’ s stated intention not to pursue his application. It also notes that the restriction on the applicant ’ s right to leave Russia expired on 19 August 2014.

9 . In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance 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.

Søren Prebensen Mirjana Lazarova Trajkovska Acting Deputy Registrar President

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