Moiseyev v. Russia

THIRD SECTION

Application no. 19186/13 Vladimir Nikolayevich MOISEYEV against Russia

The European Court of Human Rights (Third Section), sitting on 26 September 2019 as a Committee composed of:

Alena Poláčková, President, Dmitry Dedov, Gilberto Felici, judges, and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 5 March 2013,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Vladimir Nikolayevich Moiseyev, was born in 1952.

The applicant’s complaint under Article 6 § 1 of the Convention concerning the alleged lack of impartiality of the trial court was communicated to the Russian Government (“the Government”), who submitted 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 letters dated 20 November 2018 and 7 March 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 20 August 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 the second letter on 21 March 2019. However, he has not responded to the Court to date.

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 17 October 2019.

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President