Kapantsyan v. Russia

THIRD SECTION

Application no. 30121/09 Levon Migichovich KAPANTSYAN against Russia

The European Court of Human Rights (Third Section), sitting on 30 March 2017 as a Committee composed of:

Luis López Guerra, President, Dmitry Dedov, Branko Lubarda, judges,

and Karen Reid, Section Registrar,

Having regard to the above application lodged on 14 May 2009,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Levon Migichovich Kapantsyan, was born in 1983.

The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention in facility no. IZ-47/1 in St Petersburg were communicated to the Russian Government (“the Government”), who submitted observations on the admissibility and merits.

In September 2016 the Court asked the applicant to comment on the Government’s submissions, and in particular, to indicate the exact dates of his detention in facility no. IZ-47/1 St Petersburg. The applicant’s response was to reach the Court by 28 October 2016.

By letter dated 29 November 2016, sent by registered post, the applicant was notified that the period allowed for submission of his comments had expired on 28 October 2016 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 an application 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 5 January 2017. However, no response has been received.

THE LAW

In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued examination of the application.

Accordingly, the case should be struck 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 4 May 2017.

Karen Reid Luis López Guerra Registrar President