Solovyev v. Russia

THIRD SECTION

Application no. 11574/12 Nikolay Nikolayevich SOLOVYEV against Russia

The European Court of Human Rights (Third Section), sitting on 30 August 2016 as a Committee composed of:

Branko Lubarda, President, Pere Pastor Vilanova, Georgios A. Serghides, judges, and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 16 January 2012,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Nikolay Nikolayevich Solovyev, is a Russian national, who was born in 1982 and lives in Zhirnovsk, the Volgograd 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 1 of Protocol No. 1 and Article 13 of the Convention about confiscation of his property and impossibility to recover it through both civil and criminal proceedings. He also complained under Article 6 of the Convention about his absence from the appeal hearing in the civil proceedings to which he was party.

The applicant’s complaints 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 16 December 2015, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 17 November 2015 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 22 January 2016. 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 22 September 2016.

Fatoş Aracı Branko Lubarda Deputy Registrar President