POLYAKOV A POLYAKOVA proti Rusku

FIFTH SECTION

DECISION

Application no. 71115/01
by Yevgeniy Vasilyevich POLYAKOV and Galina Ivanovna POLYAKOVA
against Russia

The European Court of Human Rights (Fifth Section), sitting on
22 May 2006 as a Chamber composed of:

Mr P. Lorenzen, President,
Mrs S. Botoucharova,
Mr K. Jungwiert,
Mr V. Butkevych,
Mrs M. Tsatsa-Nikolovska,
Mr R. Maruste,
Mr A. Kovler, judges,
and Ms C. Westerdiek, Section Registrar,

Having regard to the above application lodged on 26 March 2001,

Having deliberated, decides as follows:

THE FACTS

The applicants, Mr Yevgeniy Vasilyevich Polyakov and Ms Galina Ivanovna Polyakova, are Russian nationals, who were born in 1929 and 1932 respectively and live in Belgorod. The Russian Government (“the Government”) were represented by Mr P. Laptev, Representative of the Russian Federation at the European Court of Human Rights.

The applicants complained, in particular, about the re-opening of proceedings in their case, alleging a breach of Article 6 of the Convention.

On 26 May 2004 the Court communicated this aspect of the case to the respondent Government under Rule 54 § 2 (b) of the Rules of Court. The Government submitted their observations on the admissibility and merits of the case on 1 September 2004.

By letter of the Registry of the Court of 6 September 2004 the applicants were requested to submit, by 8 November 2004, their comments on the Government’s observations.

In view of the absence of the applicants’ reply, by letter of the Registry of 26 April 2005, sent by registered mail, the applicants were informed that the period allowed for submission of their observations had expired on 8 November 2004, and that no extension of the time-limit had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention which provided that the Court could strike the case out of its list of cases where the circumstances led to the conclusion that an applicant did not intend to pursue the application.

From the case-file it follows that this letter was received by the applicants on 17 May 2005 and remained without reply.

THE LAW

The Court notes that despite the Registry’s letters of 6 September 2004 and 26 April 2005, the applicants have not submitted their comments to the Government’s observations, nor have they made any other submissions to the Court since the communication of the case.

Against this background, the Court considers that the applicants have lost interest in pursuing the application. The Court finds no reasons concerning the respect for Human Rights warranting the further examination of the case. By reference to Article 37 § 1 (a) of the Convention, the Court considers that the application should be struck out of its list of cases.

For these reasons, the Court unanimously

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

Claudia Westerdiek Peer Lorenzen
Registrar President