Chupin v. Russia

FIRST SECTION

Application no. 34624/06 Dmitriy Aleksandrovich CHUPIN against Russia

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

Khanlar Hajiyev, President, Julia Laffranque, Dmitry Dedov, judges, and André Wampach, Deputy Section Registrar,

Having regard to the above application lodged on 28 July 2006,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Dmitriy Aleksandrovich Chupin, is a Russian national, who was born in 1987 and lives in Barnaul.

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

The applicant complained, in particular, under Article 5 of the Convention about the lawfulness of his detention on 17 November 2005.

The applicant’s complaint was communicated to the respondent Government, who on 20 February 2013 submitted their observations on the admissibility and merits. At the same time, the letter informing the applicant of the communication of his complaint returned from his place of detention because he was no longer detained there.

According to the trial court verdict of 4 May 2006, confirmed by the Altay Regional Court on 6 July 2006, the applicant was sentenced to four years six months in detention; therefore his prison sentence should have ended no later than the end of 2010. The applicant’s last letter to the Court is dated 13 December 2007 and he has not communicated his new address to the Court.

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.

André Wampach Khanlar Hajiyev Deputy Registrar President