Byatenkov and Others v. Russia

FIRST SECTION

Application no. 44256/08 Aleksandr Ivanovich BYATENKOV and others against Russia

The European Court of Human Rights (First Section), sitting on 3 July 2012 as a Committee composed of:

Linos-Alexandre Sicilianos, President, Anatoly Kovler, Erik Møse, judges, and André Wampach, Deputy Section Registrar,

Having regard to the above application lodged on 8 July 2008,

Having deliberated, decides as follows:

THE FACTS

The applicants are twenty-seven Russian nationals living in the Sysolskiy District of the Komi Republic. Their names and years of birth are tabulated below. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.

On the dates tabulated below the Justice of the Peace of the Sysolskiy Court Circuit of the Komi Republic by separate judgments ordered a municipal unitary enterprise “Sysolskoye proizvodstvennoye obyedineniye “Zhilkomkhoz” («МУП «Сысольское производственное объединение «Жилкомхоз» ) to pay the applicants salary arrears. The awards remained unenforced. The applicants complained under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 about non-enforcement of the final domestic court judgments in their favour.

On 18 May 2011 the Court communicated the case to the respondent Government under Rule 54 § 2 (b) of the Rules of Court.

By letter of 21 September 2011 the applicants were invited to submit, by 23 November 2011, their comments on the Government’s observations, together with any claims for just satisfaction. The applicants did not reply.

By letter dated 20 January 2012 sent by registered post, the applicants were notified that the period allowed for submission of the observations had expired on 23 November 2011 and that no extension of time had been requested. The applicants’ 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 applicants do not intend to pursue the application. As it follows from the acknowledgment-of-receipt card which returned to the Court, on 21 February 2012 Mr Kiryakov, the applicant who acted as contact person for the others applicants in the present case, received the strike-out warning. No response followed.

THE LAW

Having regard to the correspondence with the applicants, the Court finds that they may be regarded as no longer wishing to pursue their 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.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

André Wampach Linos-Alexandre Sicilianos Deputy Registrar President

APPENDIX

The applicants’ names

Year of birth

Final domestic judgment

Aleksandr Ivanovich BYATENKOV

1951

31/08/2006, in force as of 15/09/2006

Mikhail Mikhaylovich GLAVINSKIY

1968

Yelena Vasilyevna BERSENEVA

1954

Pavel Georgiyevich BERSENEV

1955

Anatoliy Fedorovich TIFOY

1967

Dmitriy Viktorovich YELKIN

1979

Aleksandr Alekseyevich MALTSEV

1966

Vladimir Aleksandrovich PINZAR

1971

Sergey Aleksandrovich PUNEGOV

1977

Aleksandr Nikolayevich KIRYAKOV

1965

Aleksandr Aleksandrovich SHERSTYUKOV

1965

Dmitriy Mikhaylovich LAPAYEV

1977

Valentina Feliksovna KARMANOVA

1959

Marina Geliosovna NOSKOVA

1955

Aleksandra Panteleymonovna KOROSTYLEVA

1956

Yelena Fedorovna NOSKOVA

1956

Olga Vitalyevna SEMENCHINA

1969

Aleksandr Ivanovich LAPSHIN

1961

Natalya Pavlovna BERSENEVA

1975

Vitaliy Aleksandrovich SOLOMATIN

1972

31/08/2006, in force as of 15/09/2006

Konstantin Anatolyevich SELKOV

1970

19/10/2006, in force as of 31/10/2006

Petr Sergeyevich KOROSTYLEV

1959

Vyacheslav Nikolayevich MOROKHIN

1982

Ivan Alekseyevich KARMANOV

1964

Valeriy Nikolayevich SEMENCHIN

1965

Valeriy Stepanovich SAINSUS

1956

Igor Vladimirovich LEBED

1956

16/05/2006, in force as of 16/08/2006