ZHMUDSKIY AND OTHERS v. RUSSIA
Doc ref: 15749/07;25866/07;30429/07;30463/07;31413/07;32345/07;37813/07;39045/07;33216/10 • ECHR ID: 001-144068
Document date: April 15, 2014
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FIRST SECTION
DECISION
Application no . 15749/07 Dmitriy Viktorovich ZHMUDSKIY against Russia and 8 other applications (see list appended)
The European Court of Human Rights ( First Section ), sitting on 15 April 2014 as a Committee composed of:
Khanlar Hajiyev , President, Julia Laffranque , Erik Møse , judges , and André Wampach , Deputy Section Registrar ,
Having regard to the above applications lodged on the dates set out in the appendix ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The respondent Gover nment were represented by Mr G. Matyushkin , Representative of the Russian Federation at the European Court of Human Rights.
The applicants complained, among other matters, about delayed enforcement of the judgments in their favour.
The applications had been communicated to the Government, who submitted their observations on the admissibility and merits.
By letters of various dates, the Government ’ s submissions were forwarded to the applicants who were requested to comment on them. No replies were received to the Registry ’ s letters.
Following their failure to reply by the time-limit set by the Court, the applicants were notified by letters sent by registered post that the period allowed for their submissions had expired and that no extension of time had been requested. The applicants ’ 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 applicants do not intend to pursue the applications. As evidenced by the postal receipts, all the applicants either received these letters which did not however elicit any response on their part or the letters sent to the applicants returned to the Court as unclaimed. The Court notes that applicants did not inform the Court of any change in their contact details.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, 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 cases.
In view of the above, it is appropriate to strike the case s out of the list.
For these reasons, the Court unanimously
Decides to join the applications,
Decides to strike the applications out of its list of cases.
André Wampach Khanlar Hajiyev Deputy Registrar President
Appe ndix
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
15749/07
02/02/2007
Dmitriy Viktorovich ZHMUDSKIY
29/01/1963
Kaliningrad
25866/07
25/05/2007
Andrey Valeryevich KIVENKO
17/12/1968
Krasnodar
30429/07
27/06/2007
Grigoriy Nikiforovich SENENKO
06/08/1951
Shakhty
30463/07
27/06/2007
Nikolay Vasilyevich BOYKOV
13/05/1947
Shakhty
31413/07
26/06/2007
Nikolay Vladimirovich KITAYEV
18/12/1951
Shakhty
32345/07
22/06/2007
Valentin Aleksandrovich ZABOLOTNYY
03/01/1947
Shakhty
37813/07
24/07/2007
Yelena Vladimirovna MAGOMEDOVA
20/02/1961
Irkutsk
39045/07
11/08/2007
Sergey Nikolayevich DMITRIYENKO
10/12/1959
Shakhty
33216/10
23/04/2010
Aleksey Afanasyevich SOKOL
29/08/1941
Cherkessk
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