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TINYAYEV AND OTHERS v. RUSSIA

Doc ref: 25899/08;14644/09;15382/09;15658/10;25454/09;42115/09;54559/10;70760/10 • ECHR ID: 001-121625

Document date: May 28, 2013

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TINYAYEV AND OTHERS v. RUSSIA

Doc ref: 25899/08;14644/09;15382/09;15658/10;25454/09;42115/09;54559/10;70760/10 • ECHR ID: 001-121625

Document date: May 28, 2013

Cited paragraphs only

FIRST SECTION

DECISION

Application no. 25899/08 Aleksandr TINYAYEV against Russia and 7 other applications (see list appended)

The European Court of Human Rights (First Section), sitting on 28 May 2013 as a Committee composed of:

Khanlar Hajiyev , President, Erik Møse , Dmitry Dedov , 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

1. A list of the applicants is set out in the appendix.

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

3. The applicants complained, among other matters, about poor conditions of their detention in Russian penitentiary facilities.

4. The applications had been communicated to the Government, who submitted their observations on the admissibility and merits or the unilateral declarations.

5. 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 Court ’ s letters.

6. 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.

7. As the applicants were detained at the material time in penitentiary facilities, on 22 February 2013 the Court requested the Government to submit evidence that the letters had reached the applicants. On 5 April 2013 the Government submitted extracts from correspondence registers and receipts showing that the applicants had received the Court ’ s correspondence.

THE LAW

8. The Court decides to consider the applications in a single decision.

9. 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.

10. 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

Application No

Lodged on

Applicant

Date of birth

Place of residence

Represented by

25899/08

23/03/2008

Aleksandr Anatolyevich TINYAYEV

28/07/1959

Prudy

14644/09

03/02/2009

Ivan Vasilyevich KUDINOV

10/12/1977

Bataysk

15382/09

11/02/2009

Yelena Sergeyevna METALNIKOVA

24/10/1963

Zaozernoye

25454/09

21/04/2009

Sergey Sergeyevich KOZLOV

02/06/1989

Norilsk

42115/09

22/06/2009

Sergey Anatolyevich SUBBOTIN

08/04/1966

Bataysk

15658/10

14/12/2009

Anton Igorevich MUSTAFAYEV

30/09/1982

Pakino

54559/10

11/08/2010

Anatoliy Mikhaylovich BONDARENKO

17/09/1987

Slavyanovka

70760/10

24/01/2011

Sergey Vasilyevich SUKHOV

03/06/1979

Slavyanovka

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