GUMENYUKY v. UKRAINE

 
 
FIFTH SECTION
DECISION
Application no. 11596/11
Sergiy Mykhaylovych GUMENYUK and Lidiya Stepanivna GUMENYUK
against Ukraine
 
The European Court of Human Rights (Fifth Section), sitting on 31 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 8 February 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
The applicants’ complaint under Article 2 of the Convention concerning the ineffective investigation of the death of the applicants’ relative allegedly caused by a private person was communicated to the Ukrainian Government (“the Government”).
By letter dated 14 December 2017, sent by registered post, the applicants were notified that the period allowed for submission of their observations on the admissibility and merits of the application had expired on 15 May 2017 and that no extension of time had been requested. The applicants’ 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 applicants received this letter on 10 January 2018. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicants 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 21 February 2019.
Liv TigerstedtSíofra O’Leary
Acting Deputy RegistrarPresident


APPENDIX
List of applicants:
 
No.
First name
LAST NAME
Date of Birth
Nationality
Place of residence 
Sergiy Mykhaylovych GUMENYUK
1961
Ukrainian
Zakrynychchya 
Lidiya Stepanivna GUMENYUK
1959
Ukrainian
Zakrynychchya
 

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