Bashurov v. Russia

FIRST SECTION

Application no. 20975/06 by Yuriy Mikhaylovich BASHUROV against Russia

The European Court of Human Rights (First Section), sitting on 23 August 2011 as a Chamber composed of:

Nina Vajić, President, Anatoly Kovler, Peer Lorenzen, George Nicolaou, Mirjana Lazarova Trajkovska, Julia Laffranque, Linos-Alexandre Sicilianos, judges, and Søren Nielsen, Section Registrar,

Having regard to the above application lodged on 5 May 2006,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Yuriy Mikhaylovich Bashurov, is a Russian national who was born in 1983 and lives in Birobidzhan, the Yevreyskiy Autonomous Region. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.

The applicant’s complaints under Article 3 of the Convention concerning the beatings to which he had allegedly been subjected by police officers during an administrative arrest in response to his drunken behavior and the authorities’ alleged failure to effectively investigate the incident were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was, invited to submit observations in reply. No reply was received to the Court’s letter.

By letter dated 1 February 2011, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 1 November 2010 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 a case 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 did not respond.

THE LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, 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 case.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Søren Nielsen Nina Vajić Registrar President