FIFTH SECTION
DECISION
Application no. 35371/13
Anarbek Sharshenovych AKMATOV
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 12 October 2023 as a Committee composed of:
Carlo Ranzoni, President,
Lado Chanturia,
María Elósegui, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 2 April 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Anarbek Sharshenovych Akmatov, was born in 1972. He was represented by Ms O.A. Novoseletska, a lawyer practising in Boryspil.
The applicant’s complaint under Article 1 of Protocol No. 1 to the Convention concerning his conviction in the administrative offence proceedings for having breached the customs rules and the punishment imposed in this respect was communicated to the Ukrainian Government (“the Government”), which submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letter dated 28 September 2021, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 24 November 2020 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 applicant’s representative received this letter on 21 October 2021. However, no response followed.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the 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 November 2023.
Viktoriya Maradudina Carlo Ranzoni
Acting Deputy Registrar President
Full & Egal Universal Law Academy