YUMAYEV proti Rusku

THIRD SECTION

DECISION

Application no. 10669/18
Dmitriy Aleksandrovich YUMAYEV

against Russia

The European Court of Human Rights (Third Section), sitting on 25 August 2022 as a Committee composed of:

Darian Pavli, President,

Andreas Zünd,

Mikhail Lobov, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 14 February 2018,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Dmitriy Aleksandrovich Yumayev, was born in 1991. He was represented by Mr V.A. Kashpruk, a lawyer practising in Yuzhno‑Sakhalinsk.

The applicant’s complaints under Article 6 § 3 (c) of the Convention in conjunction with Article 6 § 1 concerning the rights of defence in criminal proceedings, namely the statement of surrender and confession obtained in breach of his right to a lawyer 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.

By letter dated 8 February 2022, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 2 September 2021 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 was sent back as unclaimed.

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 September 2022.

Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President