AYDOGDU proti Rusku

THIRD SECTION

DECISION

Application no. 2317/19
Mekhmet AYDOGDU
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 17 December 2018,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Mekhmet Aydogdu, was born in 1977. He was represented by Ms Y.V. Filimonova, a lawyer practising in Izhevsk, Udmurtia, Russia.

The applicant’s complaints under Article 8 of the Convention concerning his expulsion from Russia with ensuing five-year re‑entry ban were communicated to the Russian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant’s representative, who was invited to submit her observations on behalf of the applicant. No reply was received to the Registry’s letter.

By letter dated 29 April 2022, sent through the Court’s electronic communication service (eComms) and by e‑mail, the applicant’s representative was notified that the period allowed for submission of her observations on behalf of the applicant had expired on 1 April 2022 and that no extension of time had been requested. The attention of the applicant’s representative 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 representative confirmed the receipt of this letter in a telephone conversation on 2 May 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 27 October 2022.

Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President