Zisman and Others v. Russia

THIRD SECTION

Application no. 31903/14 Mikhail Igorevich ZISMAN and Others against Russia

The European Court of Human Rights (Third Section), sitting on 3 May 2016 as a Committee composed of:

Branko Lubarda, President, Pere Pastor Vilanova, Georgios A. Serghides, judges, and Stephen Phillips, Section Registrar,

Having regard to the above application lodged on 14 April 2014,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants Mr Mikhail Igorevich Zisman, Mr Aleksandr Sergeyevich Shkuropatskiy and Mr Yegor Vladimirovich Zykov are Russian nationals born in 1986, 1980 and 1986 respectively. They live in Kopeysk, Chelyabinsk Region.

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

The applicants complained under Article 6 of the Convention about their inability to examine witnesses testifying against them.

The applicants’ complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the postal address designated by the applicants and they were invited to submit their own observations. No reply was received to the Registry’s letter.

By letter dated 15 October 2015, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 9 July 2015 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 applicant does not intend to pursue the application. The letter was received on 17 November 2015. However, no response followed.

THE LAW

The Court considers that, in these circumstances, the applicants 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.

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 26 May 2016.

Stephen Phillips Branko Lubarda Registrar President