YERMOLAYEV v. RUSSIA
Doc ref: 20361/18 • ECHR ID: 001-216117
Document date: February 3, 2022
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THIRD SECTION
DECISION
Application no. 20361/18 Andrey Andreyevich YERMOLAYEV
against Russia
The European Court of Human Rights (Third Section), sitting on 3 February 2022 as a Committee composed of:
Peeter Roosma, President, Andreas Zünd, Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 25 April 2018,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Andrey Andreyevich Yermolayev, was born in 1988. He was represented by Ms B.S. Taranova , a lawyer practising in Astrakhan.
The applicant’s complaint under Article 6 § 3 (c) of the Convention in conjunction with Article 6 § 1 of the Convention about unfairness of criminal proceedings on account of the use of his self ‑ incriminating statements made in the absence of a lawyer shortly after his de facto arrest by the police was communicated to the Russian Government (“the Government”), who submitted 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 5 October 2021, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 25 August 2021 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 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. The applicant’s representative received this letter on 22 October 2021. However, no response has followed.
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 24 February 2022.
Viktoriya Maradudina Peeter Roosma Acting Deputy Registrar President
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