GADELSHIN v. RUSSIA
Doc ref: 2992/09 • ECHR ID: 001-144155
Document date: April 15, 2014
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FIRST SECTION
DECISION
Application no . 2992/09 Rinat Talgatovich GADELSHIN against Russia
The European Court of Human Rights ( First Section ), sitting on 15 April 2014 as a Committee composed of:
Khanlar Hajiyev , President, Julia Laffranque , Dmitry Dedov , judges, and André Wampach , Deputy Section Registrar ,
Having regard to the above application lodged on 21 November 2008 ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Rinat Talgatovich Gadelshin , is a Russian national, who was born in 1980 and is currently serving his imprisonment sentence in Sterlikamsk, the Bashkortostan Republic.
2. He was represented before the Court by Mr A. G. Manov , a lawyer practising in Moscow .
3. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights .
4. According to the applicant, he was taken into custody on 27 March 2008 by police officers without any lawful basis.
5. By a decision of 7 September 2011 , the Court decided to give notice to the Government of the applicant ’ s complaint s about various aspects of his detention on remand.
6. Following the exchange of various submissions made by the parties, on 27 March 2013 the applicant who was invited to submit his observations in one of the Court ’ s official languages by 19 April 2013 . The Court did not receive the observations.
7 . By letter s dated 2 6 April and 11 September 2013 , sent by registered post, the applicant was notified that the period allowed for submission of his observations in one of the Court ’ s official languages had expired and that no extension of time had been requested. The applicant ’ s 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. No response followed. The letter of 11 September 2013 was received by the applicant ’ s counsel and the applicant himself on 25 and 27 September 2013.
THE LAW
8 . In the light of the applicant ’ s failure to react to the Court ’ s letters dated 26 April and 11 September 2013 , 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 (c) of the Convention, considers that it is no longer justified to continue the examination of the application.
9. 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.
André Wampach Khanlar Hajiyev Deputy Registrar President
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