FIRST SECTION

DECISION

Application no . 35045/04 Oleg Viktorovich GAZENBUSH against Russia

The European Court of Human Rights (First Section), sitting on 17 September 2013 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 1 September 2004,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Oleg Viktorovich Gazenbush, is a Russian national, who was born in 1965 and lives in Novoaltaysk, Altay region.

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 complained under Article 6 of the Convention about numerous shortcomings in the criminal proceedings against him. In particular, he complained under Article 6 § 3 (d) that his conviction of murder was based on the statements by his co-defendant who had died before the jury trial commenced and whom he had no opportunity to confront either during the investigation stage or in trial.

The applicant ’ s complaint under Article 6 § 3 (d) was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry ’ s letter.

By letter dated 20 February 2013, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 30 November 2012 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 has been received.

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.

André Wampach Khanlar Hajiyev Deputy Registrar President