THIRD SECTION

DECISION

Application no. 47246/19 Mikhail Dmitriyevich FOMIN against Russia

The European Court of Human Rights (Third Section), sitting on 25 August 2022 as a Committee composed of:

Darian Pavli, President, Andreas Zünd, Mikhail Lobov, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 26 August 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Mikhail Dmitriyevich Fomin, was born in 1965. He was represented by Mr D.A. Zakharov, a lawyer practising in Moscow.

The applicant’s complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention, as well as under Article 5 § 4 concerning the excessive length of judicial review of detention and under Article 3 concerning the use of metal cages and/or other security arrangements in courtrooms were communicated to the Russian Government (“the Government”).

On 16 June 2021 the Registry sent a letter to the applicant’s representative, requesting information concerning the applicant’s status of detention. By the same letter, the representative was notified that the period allowed for submission of the requested information was to expire on 11 August 2021. The applicant’s representative’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.

As of 30 June 2021, the letter was stored at a local postal office for the applicant’s representative to collect. On 31 July 2021 the post office returned the letter to the Court as uncollected.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

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.

Done in English and notified in writing on 15 September 2022.

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President