Sidorov v. Russia

FIRST SECTION

Application no. 21641/09 Sergey Aleksandrovich SIDOROV against Russia

The European Court of Human Rights (First Section), sitting on 9 April 2013 as a Committee composed of:

Khanlar Hajiyev, President, Erik Møse, Dmitry Dedov, judges, and André Wampach, Deputy Section Registrar,

Having regard to the above application lodged on 2 April 2009,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Sergey Aleksandrovich Sidorov, is a Russian national, who was born in 1980 and lives in Kamyshin.

The respondent Government were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.

The applicant complained under Article 3 of the Convention about the conditions of his detention and under Articles 8 and 10 of the Convention about alleged reprisals for stating his opinion and interception of his correspondence.

The applicant’s complaint concerning the conditions of detention in correctional colony IK-11 was 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 his own observations. No reply was received to that letter.

By letter dated 24 October 2012, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 19 September 2012 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. On 8 January 2013 the letter sent to the applicant returned to the Court as unclaimed.

THE LAW

The Court notes that the letter it sent to the applicant was returned as unclaimed and that the applicant did not inform the Court of any change in his contact details. It 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.

André Wampach Khanlar Hajiyev Deputy Registrar President