CHUMACHENKO proti Rusku

THIRD SECTION

DECISION

Application no. 13448/11
Andrey Vladimirovich CHUMACHENKO
against Russia

The European Court of Human Rights (Third Section), sitting on 10 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 12 January 2011,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Andrey Vladimirovich Chumachenko, was born in 1964. He was represented by Mr V.I. Ilyk, living in Vinnitskiye Khutora.

The applicant’s complaints under Article 3 of the Convention concerning his alleged ill-treatment and the absence of an effective investigation thereof were communicated to the Russian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter, although both the letter and its annexes were downloaded on the Court’s electronic communication service (eComms) platform.

By letter dated 6 June 2022, sent via eComms, the applicant was notified that the period allowed for submission of his observations had expired on 14 January 2022 and that no extension of time had been requested. 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 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 1 December 2022.

Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President