K.O. v. RUSSIA

 
 
THIRD SECTION
DECISION
Application no. 28659/18
K.O.
against Russia
 
The European Court of Human Rights (Third Section), sitting on 4 June 2019 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 19 June 2018,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1.  The applicant, Mr K.O., is a Tajik national, who was born in 1981 and was detained in Yekaterinburg. The President granted the applicant’s request for his identity not to be disclosed to the public (Rule 47 § 4). He was represented before the Court by Mr K. Zharinov and Ms D. Trenina, lawyers practising in Moscow.
2.  The Russian Government (“the Government”) were represented by Mr M. Galperin, the Representative of the Russian Federation to the European Court of Human Rights.
3.  The applicant complained under Article 3 of the Convention that he would run a real risk of ill-treatment in case of his removal to Tajikistan.
4.  On 20 June 2018 the applicant’s request for an interim measure under Rule 39 of the Rules of Court was granted and his removal was stayed for the duration of the proceedings before the Court.
5.  The above complaint under Article 3 was communicated to the Government on 3 September 2018. They submitted to the Registry their observations on the admissibility and merits of the application.
6.  By the letter of 22 February 2019 the applicant’s representative informed that the expulsion order in the applicant’s respect was annulled by the Sverdlovsk Regional Court on 16 October 2018 and that the applicant was released from detention. He further stated that “the violation of Article 3 of the Convention has been remedied at the domestic level and the applicant does not have grounds to claim just satisfaction.”
THE LAW
7.  In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
8.  In view of the above, it is appropriate to strike the case out of the list.
9.  In accordance with Article 28 § 2 of the Convention, the present decision is final. Accordingly, the Court considers that the measure indicated to the Government under Rule 39 of the Rules of Court comes to an end.
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 27 June 2019.
Stephen PhillipsAlena Poláčková
RegistrarPresident
 
 

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