Přehled
Rozhodnutí
FIRST SECTION
DECISION
Application no. 14476/07
Aleksandr Aleksandrovich ALEKSANDROV
against Russia
The European Court of Human Rights (First Section), sitting on 23 September 2014 as a Committee composed of:
Khanlar Hajiyev, President,
Julia Laffranque,
Dmitry Dedov, judges,
and Søren Prebensen, Acting Deputy Section Registrar,
Having regard to the above application lodged on 8 February 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Aleksandr Aleksandrovich Aleksandrov, is a Russian national, who was born in 1983 and lived in Taganrog before his arrest.
2. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant complained, among other matters, under Article 3 of the Convention about the conditions of his pre-trial detention in a remand prison.
4. This complaint was communicated to the Government, who on 11 June 2013 submitted their observations. By letter dated 14 June 2013 these submissions were forwarded to the applicant, who was invited to submit his observations in reply.
5. By letter of 7 December 2013 the applicant informed the Court about the change of his contacts and on 19 December 2013 the Court resent the Government’s observations to his new address and set a new time-limit.
6. On 7 April 2014 the Court informed the applicant that the period allowed for submission of his observations in reply had expired and that no extension of time had been requested. The Court warned the applicant that in such circumstances it could conclude that he no longer intended to pursue the complaint and strike his application out of the list of cases.
7. On 13 June 2014 the above letter returned to the Court as unclaimed or undeliverable due to a change of the recipient’s address.
THE LAW
8. According to Article 37 § 1 of the Convention, the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.
9. Although the applicant knew that he had the obligation to inform the Court of any change in his address and about any major developments regarding his case, he did not provide the Court with his new address.
10. The Court considers that the applicant’s failure to inform the Registry about the change of his address despite such explicit obligation highlighted in the Registry’s letters indicate that he has lost interest in the proceedings, 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 case.
11. 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.
Søren Prebensen Khanlar Hajiyev
Acting Deputy Registrar President