KADYROV proti Rusku

THIRD SECTION

DECISION

Application no. 9929/18
Zubaydulo Aliyevich KADYROV
against Russia

The European Court of Human Rights (Third Section), sitting on 24 November 2022 as a Committee composed of:

Darian Pavli, President,
Ioannis Ktistakis,
Andreas Zünd, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 9 February 2018,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Zubaydulo Aliyevich Kadyrov, was born in 1969. He was represented by Mr R.R. Gabdullin, a lawyer practising in Omsk.

The applicant’s complaint under Article 3 of the Convention concerning his alleged ill-treatment by State officials was communicated to the Russian Government (“the Government”), who submitted a unilateral declaration on 13 November 2019. The declaration was forwarded to the applicant’s representative, who refused to accept its conditions. On 22 February 2022 the representative was requested to submit until 5 April 2022 the applicant’s observations and just satisfaction claims. No observations were submitted. By letter dated 5 May 2022, sent through the Court’s Electronic Communication Service (eComms), the Court set a new deadline of 20 May 2022 for submission of the observations and just satisfaction claims. The representative did not activate the eComms account. In the telephone conversation with the Court on 16 June 2022 the representative confirmed his e-mail address. At the same time, he stated that he would “most probably” send the just satisfaction claims on behalf of the applicant by fax. However, no just satisfaction claims have been received by the Court.

By letter dated 27 October 2022, sent to the applicant’s representative via eComms, he was notified that the period allowed for submission of his observations had expired on 20 May 2022 and that no extension of time had been requested. The applicant party’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. The applicant’s lawyer received that letter on 27 October 2022. However, no response has followed.

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 15 December 2022.

Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President