KAMYSHNIKOV A GAVRILOV proti Rusku

THIRD SECTION

DECISION

Applications nos. 24043/09 and 33184/11
Iliya Aleksandrovich KAMYSHNIKOV against Russia
and Aleksey Vsevolodovich GAVRILOV against Russia

The European Court of Human Rights (Third Section), sitting on 20 November 2018 as a Committee composed of:

Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, judges,

and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above applications lodged on 19 April 2009 and 1 April 2011 respectively,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants, Mr Iliya Aleksandrovich Kamyshnikov and Mr Aleksey Vsevolodovich Gavrilov, are Russian nationals, who were born in 1975 and 1971, and lived in Moscow and the village of Yaroslavskaya, Mostovskiy district of the Krasnodar region, respectively. Mr Kamyshnikov was represented before the Court by Ms M.V. Barabanova, a lawyer practising in Moscow. The Russian Government (“the Government”) were represented initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.

The applicants complained under Article 3 of the Convention that they had been subjected to ill-treatment in police custody and that the State had not remedied the violation of their rights. These complaints were communicated to the Government, who submitted observations. The observations were forwarded to the applicants, who were invited to submit their observations in reply by 13 June 2017 and 8 March 2017, respectively. No replies followed.

By registered letters sent on 11 December 2017 (and on 8 February 2018 to Mr Kamyshnikov’s personal address after the failed delivery of the initial letter to his representative), the applicants were warned that their applications might be struck out of the Court’s list of cases pursuant to Article 37 § 1 (a) of the Convention. The Court’s letters have remained unanswered.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

The Court considers that the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of 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 its Protocols which require the continued examination of the cases.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases.

Done in English and notified in writing on 13 December 2018.

Fatoş Aracı Alena Poláčková
Deputy Registrar President