Zhmudskiy and Others v. Russia

FIRST SECTION

Application no. 15749/07 Dmitriy Viktorovich ZHMUDSKIY against Russia and 8 other applications (see list appended)

The European Court of Human Rights (First Section), sitting on 15 April 2014 as a Committee composed of:

Khanlar Hajiyev, President, Julia Laffranque, Erik Møse, judges, and André Wampach, Deputy Section Registrar,

Having regard to the above applications lodged on the dates set out in the appendix,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix.

The respondent Government were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.

The applicants complained, among other matters, about delayed enforcement of the judgments in their favour.

The applications had been communicated to the Government, who submitted their observations on the admissibility and merits.

By letters of various dates, the Government’s submissions were forwarded to the applicants who were requested to comment on them. No replies were received to the Registry’s letters.

Following their failure to reply by the time-limit set by the Court, the applicants were notified by letters sent by registered post that the period allowed for their submissions had expired 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 applications. As evidenced by the postal receipts, all the applicants either received these letters which did not however elicit any response on their part or the letters sent to the applicants returned to the Court as unclaimed. The Court notes that applicants did not inform the Court of any change in their contact details.

THE LAW

The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, 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 cases.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court unanimously

Decides to join the applications,

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

André Wampach Khanlar Hajiyev Deputy Registrar President

Appendix

No

Application No

Lodged on

Applicant

Date of birth

Place of residence

15749/07

02/02/2007

Dmitriy Viktorovich ZHMUDSKIY

29/01/1963

Kaliningrad

25866/07

25/05/2007

Andrey Valeryevich KIVENKO

17/12/1968

Krasnodar

30429/07

27/06/2007

Grigoriy Nikiforovich SENENKO

06/08/1951

Shakhty

30463/07

27/06/2007

Nikolay Vasilyevich BOYKOV

13/05/1947

Shakhty

31413/07

26/06/2007

Nikolay Vladimirovich KITAYEV

18/12/1951

Shakhty

32345/07

22/06/2007

Valentin Aleksandrovich ZABOLOTNYY

03/01/1947

Shakhty

37813/07

24/07/2007

Yelena Vladimirovna MAGOMEDOVA

20/02/1961

Irkutsk

39045/07

11/08/2007

Sergey Nikolayevich DMITRIYENKO

10/12/1959

Shakhty

33216/10

23/04/2010

Aleksey Afanasyevich SOKOL

29/08/1941

Cherkessk