GRACHOV v. UKRAINE

 
 
FIFTH SECTION
DECISION
Application no. 11779/09
Yuriy Leonidovych GRACHOV
against Ukraine
 
The European Court of Human Rights (Fifth Section), sitting on 17 January 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 20 February 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Yuriy Leonidovych Grachov, was born in 1977 and lives in Kyiv.
The applicant’s complaints under Article 2 of Protocol No. 7 to the Convention that he had had no right to appeal against his conviction of an administrative offence were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits.
By letter dated 16 May 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 14 December 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 returned to the Registry undelivered on 13 August 2018, the applicant having failed to collect it from the post office.
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 7 February 2019.
Liv TigerstedtSíofra O’Leary
Acting Deputy RegistrarPresident

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