THIRD SECTION

DECISION

Application no. 9303/19 Valeriy Borisovich GUSEV and Others

against Russia

The European Court of Human Rights (Third Section), sitting on 10 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 29 January 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix. The applicants form one household.

The applicants’ complaints under Article 8 § 1 and Article 13 of the Convention concerning the allocation or transfer to a remote penal facility irrespective of family life considerations and the lack of any effective remedy in domestic law were communicated to the Russian Government (“the Government”).

On 21 January and 19 February 2021 the Court received letters from the applicants expressing an agreement with the terms of the friendly settlement declaration. No duly dated and signed declaration was attached to their letters. The applicants were asked to provide a properly signed friendly settlement declaration. On 10 March 2021 the Court received the declaration form only signed by Ms Yulia Guseva. At the same time, the Court did not receive any document by which the remaining applicants authorised Ms Yulia Guseva to act on their behalf.

By letter dated 31 March 2021, sent by registered post, the applicants were reminded of the need to submit properly signed friendly-settlement declarations. They were notified that the period allowed for submission of their position concerning the friendly settlement proposals 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 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 applicants received that letter on 27 April 2021. 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 2 December 2021.

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Viktoriya Maradudina Peeter Roosma Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 8 § 1 and Article 13 of the Convention (allocation or transfer to a remote penal facility irrespective of family life considerations and the lack of any effective remedy in domestic law)

Application no. Date of introduction

Applicant’s name

Year of birth

Family member

Date of the Court’s letters sent by registered mail

Date of receipt of the Court’s letters by the applicants

9303/19

14/06/2018

Household

Valeriy Borisovich GUSEV

1969Gleb Valeryevich GUSEV

2006Semen Valeryevich GUSEV

2013Yuliya Gennadyevna GUSEVA

1978Anna Sergeyevna SOROKINA

2003the first applicant is a detainee; all applicants are family members

31/03/2021

27/04/2021