Grylev v. Russia

FIRST SECTION

Application no. 41069/06 Ilya Anatolyevich GRYLEV against Russia

The European Court of Human Rights (First Section), sitting on 23 June 2015 as a Committee composed of:

Khanlar Hajiyev, President, Julia Laffranque, Erik Møse, judges, and André Wampach, Deputy Section Registrar,

Having regard to the above application lodged on 7 August 2006,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Ilya Anatolyevich Grylev, is a Russian national, who was born in 1973 and lived in Saransk prior to his arrest. He is at present serving his sentence after the conviction.

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

The applicant complained under Article 3 and 13 of the Convention about the ill ‑ treatment in the police custody and a lack of effective remedy.

The applicant’s complaints under Article 3 and 13 of the Convention 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 his own observations. No reply was received to the Registry’s letter.

By letter dated 13 June 2014, sent by registered post, the applicant and his representative were notified that the period allowed for submission of his observations had expired on 5 May 2014 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 received this letter on 8 July 2014 and his representative on 7 July 2014. However, no response has been received.

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.

Done in English and notified in writing on 16 July 2015.

André Wampach Khanlar Hajiyev Deputy Registrar President