YEVTUSHENKO proti Rusku

THIRD SECTION

DECISION

Application no. 12627/14
Yaroslav Nikolayevich YEVTUSHENKO

against Russia

The European Court of Human Rights (Third Section), sitting on 6 October 2022 as a Committee composed of:

Darian Pavli, President,

Andreas Zünd,

Frédéric Krenc, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 27 January 2014,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Yaroslav Nikolayevich Yevtushenko, was born in 1994.

The applicant’s complaints under Article 10 of the Convention and Article 14 in conjunction with Article 10 of the Convention concerning the alleged violation of his right to freedom of expression and discrimination on the grounds of sexual orientation 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.

On 22 December 2021 the Registry sent to the applicant by e-mail copies of the letters inviting him to submit observations in reply to those of the Government. On the same day the applicant replied by e-mail and confirmed the receipt of those letters. He also provided his new postal address.

By letter dated 25 January 2022, sent by registered post to the new postal address and by e-mail, the applicant was notified that the period allowed for submission of his observations had expired on 3 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. The letter returned unclaimed, and no response by e-mail followed either.

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 27 October 2022.

Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President