FIFTH SECTION
DECISION
Applications nos. 1503/12 and 2037/12
Anatoliy Petrovych ALYOSHYN against Ukraine
and Iryna Georgiyivna ANUFRIYUK 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 applications lodged on 21 December 2011 and 14 December 2011, respectively,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case, Mr Anatoliy Petrovych Alyoshyn, is a Ukrainian national, who was born in 1941 and at the time of submission of the present application lived in Donetsk, territory currently outside the control of the Government of Ukraine.
The applicant in the second case, Ms Iryna Georgiyivna Anufriyuk, is a Ukrainian national, who was born in 1961 and at the time of submission of the present application lived in Shakhtarsk, territory currently outside the control of the Government of Ukraine.
The applicants did not indicate any other contact details except for their postal addresses.
The applicants’ complaints concern the outcome of disputes with the authorities over their claims for recalculation of social payments.
The Registry has not received any correspondence from the applicants since January 2012 and the applicants have not provided any information about a possible change of their postal address.
As of July 2014 the Ukrainian postal service Ukrposhta suspended its operations on the territory of the Donetsk region that was outside the control of the Government (see Tsezar and Others v. Ukraine, nos. 73590/14 and 6 others, § 9, 13 February 2018).
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court notes that the case files do not contain certain documents and information necessary to proceed with the consideration of the present applications. The Court further notes that given the absence of Ukrainian postal services operating on the territories where the applicants declared their place of residence, it has no possibility to contact them. Finally, the Court is mindful of the fact that the applicants themselves have not contacted the Court for a considerable amount of time. The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, 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 cases.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 21 February 2019.
Liv TigerstedtSíofra O’Leary
Acting Deputy RegistrarPresident
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