SMETANIN A SHILYAYEVA proti Rusku

THIRD SECTION

DECISION

Applications nos. 55747/18 and 32220/20
Oleg Aleksandrovich SMETANIN against Russia
Tamara Nikolayevna SHILYAYEVA against Russia
(see appended table)

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 applications lodged on the various dates indicated in the appended table,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The applicants’ complaints under Article 5 §§ 1 and 3 of the Convention concerning their allegedly unlawful placement in pre-trial detention and its excessive length were communicated to the Russian Government (“the Government”).

By letters dated 16 May 2022 the Registry informed both applicants that the Government had not submitted their observations within the given time‑limit. The applicants were invited to submit by 27 June 2022 any written observations, including those in respect of the questions put to the parties by the Court, together with their claims for just satisfaction. These letters were forwarded to the applicants’ representatives through the Court’s Electronic Communications Service (eComms). No reply was received to the letters although both of them were downloaded on the eComms platform on the date of their publication.

By letters dated 11 and 12 July 2022 respectively, sent through eComms, the applicants’ representatives were notified that the period allowed for submission of their observations had expired on 27 June 2022 and that no extension of time had been requested. The attention of the applicants’ representatives 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. In both applications the letters were downloaded on the eComms platform by the applicants’ representatives on the date of their publication. However, no response has been received.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 applications.

Accordingly, the applications should be struck 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.

Done in English and notified in writing on 15 December 2022.

Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 3 of the Convention

(excessive length of pre-trial detention)