T.K. v. RUSSIA (European Court of Human Rights) 55829/20

The applicant’s complaints under Articles 2, 3 and 5 §§ 1 (f) and 4 of the Convention concerning the risk of death and/or ill-treatment in the event of removal to Syria, absence of specific time-limits of detention pending removal and absence of an effective procedure for review of the continued detention were communicated to the Russian Government.


THIRD SECTION
DECISION
Application no. 55829/20
T.K.
against Russia
(see appended table)

The European Court of Human Rights (Third Section), sitting on 13 July 2022 as a Committee composed of:

Georgios A. Serghides, President,
María Elósegui,
Darian Pavli, Judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 20 January 2021,
Having regard to the decision to grant the applicant anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,
Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appendix.

The applicant’s complaints under Articles 2, 3 and 5 §§ 1 (f) and 4 of the Convention concerning the risk of death and/or ill-treatment in the event of removal to Syria, absence of specific time-limits of detention pending removal and absence of an effective procedure for review of the continued detention were communicated to the Russian Government.

On 2 February 2021 the Court decided to indicate to the respondent Government, under Rule 39 of the Rules of Court, that the applicant should not be removed from Russia for the duration of the proceedings before it.

On 11 July 2022 the applicant’s representative informed the Court of the applicant’s wish to withdraw his application. He submitted that, in view of the recent cases of removals of individuals despite the interim measures being granted by the Court, lodging a complaint and a request for interim measures with the UN Human Rights Committee was the applicant’s only chance to prevent his removal to the country of origin.

THE LAW

In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (Article 37 § 1 (a) of the Convention). Considering that the applicant has not been forcibly removed yet and that he made his request with the genuine intent to better safeguard his interests, the Court, in accordance with Article 37 § 1 in fine, finds no special circumstances regarding respect for human rights as defined in the Convention and the Protocols thereto which require the continued examination of the application.

Accordingly, the application should be struck out of the list.

The interim measure previously indicated by the Court consequently 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 19 July 2022.

Viktoriya Maradudina                                        Georgios A. Serghides
Acting Deputy Registrar                                                President

___________

APPENDIX

Application no. Case name Lodged on Applicant
Year of Birth
Place of Residence
Nationality
Represented by State
of destination
Date of letter to the Registry with withdrawal request
55829/20  T.K. v. Russia 20/01/2021 T.K.
1987
Noginsk
Syria
Kirill ZHARINOV
Daria TRENINA
Eleonora DAVIDYAN
Syria 11/07/2022

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