ZUBOV AND OTHERS v. RUSSIA
Doc ref: 20415/07;33815/07;13712/08 • ECHR ID: 001-141373
Document date: January 28, 2014
- 0 Inbound citations:
- •
- 0 Cited paragraphs:
- •
- 2 Outbound citations:
FIRST SECTION
DECISION
Application no . 20415/07 Dmitriy Aleksandrovich ZUBOV against Russia and 2 other applications (see list appended)
The European Court of Human Rights ( First Section ), sitting on 28 January 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 ,
Having regard to the decision to apply the pilot-judgment procedure taken in the case of Burdov v. Russia ( no. 2 ) (no. 33509/04, ECHR 2009),
Having regard to the declarations submitted by the respondent Government on various dates requesting the Court to strike the applications out of the list of cases ,
Having deliberated, decides as follows:
THE FACTS
The applicants are Russian nationals whose names and dates of birth are tabulated in the appendix to this decision . The Russian Government (“the Government”) are represented by Mr G. Matyushkin , the Representative of the Russian Federation at the European Court of Human Rights.
The applicants complained under Arti cle 6 and Article 1 of Protocol No. 1 of the Convention of the authorities ’ failure to enforce court judgment s in their favour in due time . Some of the applicants also raised grievances under other provisions of the Convention.
THE LAW
The Court gave notice to the Government of the application of Mr Zubov on 18 January 2013 and of the applications of Mr Paramonov and Mr Storozhenko on 14 May 2013. The Government were requested to settle the cases in line with the Burdov (no. 2) judgment , cited above.
In response the Government informed the Court that the applicants had died before the communication of their complaints: Mr Zubov died on 23 July 2007, Mr Paramonov died on 11 May 2011 and Mr Storozhenko died on 12 December 2012 . The Government asked the Court to strike these applications out of its list of cases as no legal successors had joined the proceedings.
The Court notes that no heirs or close relatives have expressed the wish to pursue the applications on behalf of the deceased applicants. It has been the Court ’ s practice to strike applications out of the list of cases under Article 37 § 1 of the Convention in the absence of any heir or close relative who has expressed the wish to pursue an application (see Léger v. France (striking out) [GC], no. 19324/02 , § 44, 30 March 2009, with further references ). Furtherm ore, in accordance with Article 3 7 § 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
Appendix
No
Application No
Lodged on
Applicant name
date of birth
place of residence
20415/07
29 March 2007
Dmitriy Aleksandrovich Zubov
18 August 1936
Rostov-on-Don
33815/07
27 June 2007
Vladimir Alekseyevich Paramonov
3 January 1952
Shakhty, the Rostov Region
13712/08
6 February 2008
Anatoliy Aleksandrovich Storozhenko
4 January 1938
Novovoronezh , the Voronezh Region