Shestakov v. Russia

THIRD SECTION

Application no. 440/08 Oleg Sergeyevich SHESTAKOV against Russia

The European Court of Human Rights (Third Section), sitting on 25 June 2020 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 29 October 2007,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Oleg Sergeyevich Shestakov, was born in 1972.

The applicant’s complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention as well as under Article 6 of the Convention concerning unfair criminal proceedings due to lack of legal representation were communicated to the Russian Government (“the Government”).

The Government submitted a declaration suggesting a friendly settlement of the case. On 19 July 2019 the applicant was invited to comment upon the declaration by 30 August 2019.

On 16 September 2019 the applicant informed the Court about his release from detention but failed to comment on the Government’s declaration.

By letter dated 9 January 2020, sent by registered post, the applicant was notified that the period allowed for submission of the requested information had expired. The applicant was requested, once again, to inform the Court, by 20 February 2020, whether or not he accepted the friendly settlement proposal of the Government. 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. No response has been received up to date.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the 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 16 July 2020.

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President