ZHAK proti Rusku

THIRD SECTION

DECISION

Application no. 15190/06
Valeriy Semenovich ZHAK
against Russia

The European Court of Human Rights (Third Section), sitting on 13 June 2017 as a Committee composed of:

Luis López Guerra, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 22 April 2006,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Valeriy Semenovich Zhak, is a Russian national, who was born in 1941 and lives in Moscow. He was represented before the Court by Mr Y. Petrov, a lawyer practising in the Moscow Region.

He complained, in particular, about the poor quality of the medical care in detention, the conditions of his detention and transport, the length of his detention on remand, the delayed review of detention orders, and the lack of a domestic remedy to complain about the above mentioned grievances.

On 17 June 2010 the application was communicated to the Russian Government, initially represented by Mr P. Laptev, Mr G. Matyushkin, the Representatives of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.

The applicant has failed to respond on the Court’s last letter dated 20 December 2016, which he received on 21 February 2017. In this letter the Court asked him to provide additional information about new developments in his case, in particular domestic proceedings relevant to his complaints, and his wish to pursue the application. His 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 LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention (see Mortogan v. Romania (dec.), no. 58344/09, 21 March 2017). 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 case.

In view of the above, it is appropriate to strike the case 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 6 July 2017.

Fatoş Aracı Luis López Guerra
Deputy Registrar President