CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 12 mars 2024

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Matyushkin, Mr   M.   Galperin and Mr M. Vinogradov, Representatives of the Russian Federation at the European Court of Human Rights, Having regard to the partial decision taken on 19   October 2021 in respect of applications nos. 8090/09, 8104/09, 8121/09, 8129/09, 8133/09, 8135/09, 8145/09, 8154/09, 8168/09, 8180/09, 8182/09, 8202/09, 8228/09, 8233/09, 8237/09, 8239/09, 8240/09, 8262/09, 8375/09, 8724/09, 9465/09, 14681/09, 19779/09, 45691/09 and 47954/09 ( Jioshvili and Others v. Russia (dec.), nos.   8090/09 and 58 others) to give notice to the Government of the applicants’ complaints in so far as their alleged inability to access their homes and property is concerned and to declare the remainder of the applications inadmissible, Having deliberated, decides as follows: FACTS AND PROCEDURE 1.     The applications listed in the appendix concern an international armed conflict that occurred between Georgia and the Russian Federation in August 2008. Its chronology was described in the Court’s judgment in the inter-State case of Georgia v.   Russia (II) ([GC] (merits), no.   38263/08, §§   32-44, 21   January 2021). Applications nos. 8090/09, 8104/09, 8121/09, 8129/09, 8133/09, 8135/09, 8145/09, 8154/09, 8168/09, 8180/09, 8182/09, 8202/09, 8228/09, 8233/09, 8237/09, 8239/09, 8240/09, 8262/09, 8375/09, 8724/09 and 9465/09 2 .     The applicants’ complaints regarding their alleged inability to access their homes and property were communicated to the Government on 19   October 2021. The latter did not submit observations on the admissibility and merits of the applications. 3.     By letter dated 15   November 2022, delivered on 21   November 2022, the applicants were invited to submit by 9   January 2023 their written observations, together with any claims for just satisfaction. No response followed. 4 .     On 31   July 2023 the applicants were notified, through their representative, that the period allowed for the submission of their written observations, together with any claims for just satisfaction, had expired and that no extension of time had been requested. Their 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 letter was delivered on 15   August 2023. No reply followed. Applications nos. 12943/09, 12959/09, 13798/09, 13802/09, 13807/09, 13845/09 and 22545/09 5 .     The applications concern Article   1 of Protocol No.   1 (all applicants) and Article   8 of the Convention (application no.   22545/09). They were communicated to the Government on 24   August 2011. The applicants were initially represented by Mr S. Papuashvili, a lawyer practising in Tbilisi on behalf of the Human Rights Centre, a non-governmental organisation (NGO). 6.     On 14   June 2019 Ms N. Londaridze of the same NGO informed the Court that she was taking over the representation of the applicants. She was invited to submit duly completed and signed authority forms. 7.     On 31   July 2019 Ms   Londaridze informed the Court as follows: “the applicants live in different IDP settlements, and most probably they have changed their accommodations in different regions for the past decade, [and] despite our effort we could not contact them on the phone and could not identify their new [addresses] so far. In this light, we now need to apply [to] the State institutions for ... help to find the new addresses of the applicants [and] that requires additional time.” On 21   August 2019 Ms Londaridze was invited to submit duly completed and signed authority forms for the applicants as soon as contact with them was re-established. 8 .     On 24   January 2020 Ms Londaridze submitted authority forms in respect of another conflict-related case but not in respect of the present applications. No further correspondence has been received by the Court regarding these applications. Applications nos. 14057/09, 14661/09 and 14670/09 9 .     The applicants submitted application forms in Georgian and did not formulate their complaints with regard to specific provisions of the Convention or its Protocols. 10.     On 18   March 2009 the applicants were invited by the Registry to submit completed application forms by 13 May 2009. They were warned that failure to reply to the letter would result in the destruction of the files opened in respect of their submissions. 11.     On 2 March 2011 the applicants were sent a letter reminding them of the obligation to submit the application forms. That letter set a new time-limit of 29 April 2011. 12 .     The applications were communicated to the Government on 24   August 2011. 13.     No reply to any of the Court’s letters was received, nor were any of them returned to the Court. No other correspondence has been received from the applicants since the incomplete applications were lodged in 2009. Applications nos. 14681/09, 19779/09, 45691/09 and 47954/09 14 .     The applicants’ complaints regarding their alleged inability to access their homes and property were communicated to the Government on 19   October 2021. The latter did not submit observations on the admissibility and merits of the applications. 15.     By a letter dated 6   July 2023 the applicant in application no.   14681/09 was invited to submit by 3   August 2023 his written observations, together with any claims for just satisfaction. He was warned that failure to reply to the letter in question might lead the Court to conclude that he was no longer interested in pursuing the application and decide to strike it out of its list of cases. The Court’s correspondence was delivered on 8   August 2023. No reply followed. 16.     By letters dated 15   November 2022, sent by registered post, the applicants in applications nos.   19779/09 and 45691/09 were invited to submit, by 9   January 2023, written observations, together with any claims for just satisfaction. They were warned that failure to reply might lead the Court to conclude that they were no longer interested in pursuing the respective applications and decide to strike their applications out of its list of cases. The letters were delivered on 22   November 2022. No reply followed. 17 .     All of the letters sent to the applicant in application no.   47954/09, including those referring to the content of Article 37 § 1 (a) of the Convention, were returned to the Court. No correspondence has been received from the applicant since August 2009. Application no. 25892/09 18 .     The applicant died on 20   June 2011. By letter of 4 July 2011 the Court invited his representative to submit a death certificate and information about the potential heirs who would wish to maintain the application. The application was communicated to the Government on 24   August 2011. 19 .     On 5   September 2014 the representative submitted only the death certificate, with no explanation and no further correspondence regarding any potential heirs. THE LAW 20.     Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision. 21.     The Court considers, in so far as applications nos. 12943/09, 12959/09, 13798/09, 13802/09, 13807/09, 13845/09 and 22545/09 are concerned, that the applicants failed to maintain contact with the NGO representing them (see paragraphs   5-8 above). In such circumstances the applicants may be regarded as no longer intending to pursue their applications, within the meaning of Article 37 § 1 (a) of the Convention (see, among other authorities, V.M. and Others v. Belgium (striking out) [GC], no.   60125/11, §§ 35-36, 17   November 2016). 22.     In so far as application no.   25892/09 is concerned (see   paragraphs   18 ‑ 19 above), the Court has no information about any person who would wish to pursue the application. Therefore, the Court considers that it is no longer justified to continue the examination of the application within the meaning of Article   37 §   1   (c) of the Convention (see Léger v. France (striking out) [GC], no. 19324/02, §§ 42-51, 30 March 2009). 23.     As regards the remaining applications (see paragraphs 2-4, 9-12 and 14-17 above), the Court considers that, in the particular circumstances of these cases, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of Article   37   §   1   (a) of the Convention. 24.     Furthermore, the Court observes in respect of the present 36   applications that it has already considered the general principles relating to the issues raised therein (see Georgia v.   Russia (II) , cited above, §§   109 ‑ 44, 161-75, 200-22 and 292-301). Therefore, 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 would require the continued examination of the present cases. 25.     In view of the above, it is appropriate to strike the cases out of the list. For these reasons, the Court, unanimously, Decides to join the applications; Decides to strike the applications out of its list of cases. Done in English and notified in writing on 11 April 2024.     Dorothee von Arnim   Jovan Ilievski   Deputy Registrar   President Appendix List of cases: No. Application no. Case name Lodged on Applicant Year of Birth Place of Residence (All the applicants are Georgian nationals) Represented by 1. 8090/09 Jioshvili and Others v. Russia 08/02/2009 Mevludi JIOSHVILI 1967 Kurta Village Ms T. JAVAKHISHVILI 2. 8104/09 Sopio Gogidze v. Russia 08/02/2009 Sopio GOGIDZE 1977 Kurta Village Ms T. JAVAKHISHVILI 3. 8121/09 Gochashvili v. Russia 08/02/2009 Lavrenti GOCHASHVILI 1950 Kheiti Village Ms T. JAVAKHISHVILI 4. 8129/09 Iveri Gochashvili v. Russia 08/02/2009 Iveri GOCHASHVILI 1990 Kheiti Village Ms T. JAVAKHISHVILI 5. 8133/09 Chovelidze v. Russia 08/02/2009 Ilia CHOVELIDZE 1970 Achabeti Village Ms T. JAVAKHISHVILI 6. 8135/09 Durglishvili v. Russia 08/02/2009 Bagrati DURGLISHVILI 1952 Avnevi Village Ms T. JAVAKHISHVILI 7. 8145/09 Kakhniashvili v. Russia 08/02/2009 Kristo KAKHNIASHVILI 1949 Kurta Village Ms T. JAVAKHISHVILI 8. 8154/09 Gherkenashvili v. Russia 08/02/2009 Teimurazi GHERKENASHVILI 1956 Kurta Village Ms T. JAVAKHISHVILI 9. 8168/09 Melanashvili v. Russia 08/02/2009 Nona MELANASHVILI 1971 Kekhvi Village Ms T. JAVAKHISHVILI 10. 8180/09 Ivane Babutsidze v. Russia 08/02/2009 Ivane BABUTSIDZE 1925 Achabeti Village Ms T. JAVAKHISHVILI 11. 8182/09 Giorgi Babutsidze v. Russia 08/02/2009 Giorgi BABUTSIDZE 1965 Achabeti Village Ms T. JAVAKHISHVILI 12. 8202/09 Givi Babutsidze v. Russia 08/02/2009 Givi BABUTSIDZE 1936 Achabeti Village Ms T. JAVAKHISHVILI 13. 8228/09 Kvrivishvili v. Russia 08/02/2009 Tina KVRIVISHVILI 1968 Achabeti Village Ms T. JAVAKHISHVILI 14. 8233/09 Dali Jioshvili v. Russia 08/02/2009 Dali JIOSHVILI 1947 Kurta Village Ms T. JAVAKHISHVILI 15. 8237/09 Megrelishvili v. Russia 08/02/2009 Megi MEGRELISHVILI 1972 Zemo Achabeti Village Ms T. JAVAKHISHVILI 16. 8239/09 Lapachi v. Russia 08/02/2009 Nana LAPACHI 1967 Kurta Village Ms T. JAVAKHISHVILI 17. 8240/09 Marine Kakhniashvili v. Russia 08/02/2009 Marine KAKHNIASHVILI 1963 Nuli Village Ms T. JAVAKHISHVILI 18. 8262/09 Zangaladze v. Russia 08/02/2009 Nora ZANGALADZE 1936 Kekhvi Village   Ms T. JAVAKHISHVILI 19. 8375/09 Roin Babutsidze v. Russia 08/02/2009 Roini BABUTSIDZE 1965 Achabeti Village Ms T. JAVAKHISHVILI 20. 8724/09 Terashvili v. Russia 08/02/2009 Irina TERASHVILI 1958 Beloti Village Ms T. JAVAKHISHVILI 21. 9465/09 Gherkenashvili and Others v. Russia 06/02/2009 Maia GHERKENASHVILI 1972 Kekhvi Village Mzevinar KAKHNIASHVILI 1963 Kekhvi Village Nodar MELANASHVILI 1957 Kekhvi Village Mzia NEBIERIDZE 1964 Kekhvi Village Ms T. JAVAKHISHVILI 22. 12943/09 Tsotniashvili v. Russia 05/02/2009 Teimuraz TSOTNIASHVILI 1952 Eredvi Village Ms N. LONDARIDZE 23. 12959/09 Kristesashvili v. Russia 05/02/2009 Nunu KRISTESASHVILI 1945 Eredvi Village Ms N. LONDARIDZE 24. 13798/09 Aleksi Beruashvili v. Russia 05/02/2009 Aleksi BERUASHVILI 1961 Eredvi Village Ms N. LONDARIDZE 25. 13802/09 Bezhan Tsotniashvili v. Russia 05/02/2009 Bezhan TSOTNIASHVILI 1952 Eredvi Village Ms N. LONDARIDZE 26. 13807/09 Elguja Beruashvili v. Russia 05/02/2009 Elguja BERUASHVILI 1952 Berula Village Ms N. LONDARIDZE 27. 13845/09 Tamar Babutsidze v. Russia 01/02/2009 Tamar BABUTSIDZE 1939 Achabeti Village Ms N. LONDARIDZE 28. 14057/09 Givi Metreveli v. Russia 03/02/2009 Givi METREVELI 1938 Dzartsemi Village N/A 29. 14661/09 Mikheil Kakhniashvili v. Russia 02/02/2009 Mikheil KAKHNIASHVILI 1937 Kekhvi Village N/A 30. 14670/09 Bliadze v. Russia 02/02/2009 Merab BLIADZE 1955 Kekhvi Village N/A 31. 14681/09 Basishvili v. Russia 10/02/2009 Grigol BASISHVILI 1979 Kurta Village N/A 32. 19779/09 Balashvili v. Russia 12/02/2009 Merab BALASHVILI 1950 Akhalgori N/A 33. 22545/09 Kenkadze v. Russia 23/02/2009 Eprem KENKADZE 1925 Akhalgori Ms N. LONDARIDZE 34. 25892/09 Midodashvili v. Russia 08/02/2009 Gaioz MIDODASHVILI 1941 Gori Mr B. BOTCHORISHVILI 35. 45691/09 Maghaldadze v. Russia 22/01/2009 Ramin MAGHALDADZE 1980 Kemerti Village Vladimer MAGHALDADZE 1946 Kemerti Village N/A 36. 47954/09 Maruashvili v. Russia 03/08/2009 Liana MARUASHVILI 1959 Ptishi Village N/A