Drobyshev v. Russia

THIRD SECTION

Application no. 23261/04 Yuriy Mikhaylovich DROBYSHEV against Russia

The European Court of Human Rights (Third Section), sitting on 2 May 2017 as a Committee composed of:

Luis López Guerra, President, Dmitry Dedov, Jolien Schukking, judges, and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 24 May 2004,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Yuriy Mikhaylovich Drobyshev, is a Russian national, who was born in 1956 and lives in Blagoveschensk. He was represented before the Court by Ms D. Străisteanu, a lawyer practising in Chișinău, Republic of Moldova. The Russian Government (“the Government”) were represented initially by Mr P. Laptev, subsequently by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by Mr A. Fedorov, Head of the Office of the Representative of the Russian Federation to the Court.

In 2003, the applicant lost a defamation suit to the regional police chief. He complained to the Court under Article 10 of the Convention. In 2005, a supervisory-review court quashed the judgment and remitted the matter for a new examination. The courts found for the applicant and ordered the chief to refund the award the applicant had paid under the original judgment.

On 17 December 2016 the Court requested additional information from the applicant’s representative. Having received no reply, on 3 and 22 February 2017 the Court sent additional letters to the applicant and his representative to advise them that the failure to submit the requested information could lead it to reach the conclusion that the applicant was no longer interested in pursuing the proceedings and to strike the application out of the list of its cases. No reply to the letters was received.

THE LAW

Having regard to the applicant’s silence, the Court considers that he may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, taking into account that the impugned judgment had been quashed and a refund of the amount awarded had been ordered, the Court finds no special circumstances regarding respect for human rights, in accordance with Article 37 § 1 in fine , which could have required 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 24 May 2017.

Fatoş Aracı Luis López Guerra Deputy Registrar President