THIRD SECTION

DECISION

Application no. 60398/15 Radu FOKSHA against Russia

The European Court of Human Rights (Third Section), sitting on 25 November 2021 as a Committee composed of:

Peeter Roosma, President, Dmitry Dedov, Andreas Zünd, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 16 November 2015,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Radu Foksha, was born in 1976.

The applicant’s complaints under Article 5 § 1 and Article 13 of the Convention concerning the unlawful administrative escorting and arrest and the lack of any effective remedy in domestic law were 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 2 September 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 30 August 2018 and that no extension of time had been requested. The letter was delivered to the applicant’s address on 13 September 2019. However, no response has followed. A similar letter, sent to the applicant by registered post on 3 December 2020, was delivered to him on 24 December 2020. No reply followed. In both letters 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 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 16 December 2021.

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Viktoriya Maradudina Peeter Roosma Acting Deputy Registrar President