KUKURUDZA v. UKRAINE

 
 
FIFTH SECTION
DECISION
Application no. 32801/12
Vyacheslav Volodymyrovych KUKURUDZA
against Ukraine
 
The European Court of Human Rights (Fifth Section), sitting on 16 May 2019 as a Committee composed of:
Yonko Grozev, President,
Ganna Yudkivska,
André Potocki, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 20 May 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vyacheslav Volodymyrovych Kukurudza, was born in 1987.
The applicant’s complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”).
By letter dated 9 October 2018, sent by registered post, the applicant was requested to submit his claims for just satisfaction and to confirm his wish to maintain his application by 12 November 2018. 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 sent to both the SIZO, where the applicant had been detained since 2012, and to his home address as indicated in the application form.
On 31 October 2018 the Registry received a receipt from the post office confirming that the above letter had been handed to the applicant in person at his home address on 19 October 2018. However, no response has been received.
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 6 June 2019.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
 
 

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