Dzhanayeva and Others v. Russia

THIRD SECTION

Application no. 42624/09 Zareta Davidovna DZHANAYEVA and others against Russia

The European Court of Human Rights (Third Section), sitting on 13 September 2018 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 14 July 2009,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The applicants’ complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of the Protocol No. 1 concerning the delayed enforcement of a domestic decision given against a State unitary enterprise and the lack of any effective remedy in domestic law were communicated to the Russian Government (“the Government”), who submitted observations on the admissibility and merits.

By letter dated 9 August 2017, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 13 January 2017 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 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 letter was sent by registered post to the last known address of Ms Zareta Dzhanayeva, the applicant also acting as the other applicants’ representative. The applicant failed to pick up the letter at the post office, and it was sent back to the Court after expiration of the storage period. A copy of the letter of 9 August 2017 was also sent to two electronic addresses of Ms Z. Dzhanayeva. However, no response followed.

THE LAW

In the light of the foregoing, the Court concludes that the applicants 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 4 October 2018.

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

No.

First name LAST NAME

Birth year

Nationality

Place of residence

Zareta Davidovna DZHANAYEVA

1957

Russian

Vladikavkaz

Alik Davidovich DZHANAYEV

1948

Russian

Tsmi

Elbrus Davidovich DZHANAYEV

1939

Russian

Tsmi

Aza Davidovna DZHANAYEVA

1950

Russian

Tsmi

Marianna Elbrusovna DZHANAYEVA

1970

Russian

Tsmi

Boris Stanislavovich SHANAYEV

1994

Russian

Tsmi

Regina Stanislavovna SHANAYEVA

1991

Russian

Tsmi