Akhatov v. Russia

THIRD SECTION

Application no. 19476/05 Rinat Ildusovich AKHATOV against Russia

The European Court of Human Rights (Third Section), sitting on 26 April 2016 as a Committee composed of:

Helena Jäderblom, President, Dmitry Dedov, Branko Lubarda, judges, and Stephen Phillips, Section Registrar,

Having regard to the above application lodged on 27 April 2005,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Rinat Ildusovich Akhatov, is a Russian national, who was born in 1983 and lives in the town of Gremyachinsk, Perm Region.

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

The applicant complained under Article 4 of Protocol No. 7 to the Convention that his conviction, first in administrative proceedings and later in criminal proceedings, amounted to double jeopardy.

The applicant’s complaint was communicated to the Government, who submitted their observations on the admissibility and merits. On 24 September 2014 the observations were forwarded to the applicant, who was invited to submit his observations in reply by 26 November 2014. No reply was received to the Registry’s letter.

By letter dated 13 February 2015, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 26 November 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 letter was dispatched on 2 March 2015 at the address provided by the applicant. 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 19 May 2016.

Stephen Phillips Helena Jäderblom Registrar President