BEZYMYANNYY v. UKRAINE

 
 
 
 
FIFTH SECTION
DECISION
Application no. 14866/11
Yuriy Valeryanovich BEZYMYANNYY
against Ukraine
 
The European Court of Human Rights (Fifth Section), sitting on 25 April 2019 as a Committee composed of:
Síofra O’Leary, President,
Mārtiņš Mits,
Lado Chanturia, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 21 February 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Yuriy Valeryanovich Bezymyannyy, was born in 1965 and lives in Kamyanske.
The applicant’s complaints under Articles 5 § 3 and 6 § 1 of the Convention concerning the excessive length of the applicant’s pre-trial detention and excessive duration of criminal proceedings against him were communicated to the Ukrainian Government (“the Government”).
By letter dated 5 October 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 5 June 2017 and that no extension of time had been requested. The applicant’s 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 returned undelivered on 19 February 2019, the applicant or his contact person having failed to collect it from the post office. All other attempts to reach the applicant using the means of communication he submitted to the Court (telephone) were to no avail.
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). 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 the Protocols thereto which require the continued examination of the application.
Accordingly, the case should be struck out of the list.
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 16 May 2019.
Liv TigerstedtSíofra O’Leary
Deputy RegistrarPresident

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