FIFTH SECTION
DECISION
Application no. 5583/04
by Yelena Nikolayevna AKHMETOVA
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 26 January 2010 as a Chamber composed of:
Peer Lorenzen, President,
Renate Jaeger,
Karel Jungwiert,
Mark Villiger,
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva, judges,
Mykhaylo Buromenskiy, ad hoc judge,
and Claudia Westerdiek, Section Registrar,
Having regard to the above application lodged on 18 January 2004,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Ms Yelena Nikolayevna Akhmetova, a Ukrainian national who was born in 1975 and lives in Slavyansk. She is represented before the Court by Mr A. Stulikov, a lawyer practising in Slavyansk. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yu. Zaytsev, from the Ministry of Justice.
The applicant's complaints under Article 5 were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit her own observations. No reply was received to the Registry's letter.
By letter dated 7 October 2009, sent by registered post, the applicant's representative was notified that the period allowed for submission of her observations had expired on 11 September 2009 and that no extension of time had been requested. The applicant's representative's attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicant's representative received this letter on 12 October 2009. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her application, within the meaning of 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 its Protocols which require the continued examination of the case.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
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