Brodel v. Russia
Struck out of the list
Berörda konventionsartiklar
THIRD SECTION
Application no. 71471/13 Denis Anatolyevich BRODEL against Russia
The European Court of Human Rights (Third Section), sitting on 31 January 2019 as a Committee composed of:
Alena Poláčková, President, Dmitry Dedov, Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 15 October 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Denis Anatolyevich Brodel, was born in 1981.
The applicant’s complaint under Article 5 § 4 of the Convention concerning the domestic courts’ failure to examine speedily his appeal against a detention order was communicated to the Russian Government (“the Government”).
By letter dated 22 August 2018, sent by registered post, the applicant was notified that the period allowed for submission of his reply to the Government’s submissions had expired on 26 July 2018 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 13 September 2018. 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 21 February 2019.
Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President