ABDUSATTAROV A BABINA proti Rusku

THIRD SECTION

DECISION

Application no. 51863/17
Kodirzhon Rustamovich ABDUSATTAROV and

Anastasiya Vladimirovna BABINA
against Russia

The European Court of Human Rights (Third Section), sitting on 12 September 2019 as a Committee composed of:

Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 6 July 2017,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants are Mr Kodirzhon Abdusattarov, a national of Uzbekistan, and Ms Anastasiya Babina, a Russian national, who were born in 1972 and 1986 respectively and live in Bash-Kultayevo.

The applicants’ complaints under Article 8 § 1 of the Convention concerning the first applicant’s administrative removal from Russia and failure of the domestic courts to properly examine the adverse effect of that measure on their family life were communicated to the Russian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.

On 8 March 2018 the Registry sent a letter to the applicants requesting them to submit by 10 May 2018 written observations and claims for just satisfaction in the above case. No reply was received to this letter.

By letter dated 28 February 2019, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 10 May 2018 and that no extension of time had been requested. The applicants’ 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 applicants did not receive this letter as, apparently, they have changed address without notifying the Court about it.

THE LAW

In the light of the foregoing, the Court concludes that the applicants may be regarded as no longer wishing to pursue the application (Article 37 § 1 (a) of the Convention). Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and the Protocols thereto which require the continued 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 3 October 2019.

Liv Tigerstedt Alena Poláčková
Acting Deputy Registrar President