FIFTH SECTION
DECISION
Application no. 42357/19
Maryna Yuriyivna ANISIMOVA against Ukraine
and 2 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 21 November 2024 as a Committee composed of:
Diana Sârcu, President,
Kateřina Šimáčková,
Mykola Gnatovskyy, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
The applicants’ complaints under various Articles of the Convention (see appended table) were communicated to the Ukrainian Government, which submitted observations on the admissibility and merits.
As part of the procedural requirements, the applicants were asked to appoint representatives before the Court by 2 January 2024. However, no response was received. They were subsequently reminded, and the deadline for their response was extended (see appended table for details).
By letters dated 16 August and 2 October 2024, sent by registered post, the applicants were notified that the period allowed for submission of the requested information had expired 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. However, the contact with the applicants has been lost.
THE LAW
Having regard to the similar procedural conduct of the applicants, the Court finds it appropriate to examine the applications jointly in a single decision.
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 applications (see Bryska and Others v Ukraine [Committee] (dec.), nos. 11706/13 and 5 others, 2 November 2023, and Zhadan and Others v Ukraine [Committee] (dec.), no. 29283/13 and 26 others, 14 December 2023).
Accordingly, the cases should be struck out of the list.
The Court reiterates that under Article 37 § 2 of the Convention it may decide to restore an application to its list of cases if it considers that the circumstances justify such a course.
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 12 December 2024.
Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President
APPENDIX
List of applications
No.
Application no.
Introduction date
Applicant
Year of Birth
Complaints communicated
Date of Court’s Reminder Letter
Date of the
Court strike-out warning letter
1.
42357/19
31/07/2019
Maryna Yuriyivna ANISIMOVA
1995
Art. 14 - Prohibition of discrimination,
Articles 6 and 13 of the Convention and
Article 1 of Protocol No. 1 – non-enforcement of a final judgment
23/02/2024
(by the Court’s Electronic Communication Service (eComms))
16/08/2024
(by registered post),
delivered to the local post-office on 30/08/2024; returned to the Court as unclaimed by the applicant on 21/10/2024.
No other possibility of a contact is available.
2.
9603/20
11/02/2020
Tymofiy Terentiyovych KOVALEV
1931
Died in 2023
Prot. 1 Art. 1 – non-enforcement of a final court judgment
22/03/2024
(by eComms), sent to the applicant’s heir living in Germany.
16/08/2024(by registered post),
sent to the applicant’s heir living in Germany; received on 23/08/2024.
3.
18870/20
10/04/2020
Oleksandr Oleksandrovych KHORUZHYY
1990
Articles 6 and 13 of the Convention and
Article 1 of Protocol No. 1 – non-enforcement of a final judgment,
Art. 14 - Prohibition of discrimination
22/03/2024
(by eComms)
02/10/2024
(by registered post); attempts to reach the applicant by phone were also unsuccessful; no further contact information to reach the applicant is available.
Heir(s) in application no. 9603/20
Decedent
Heir
Tymofiy Terentiyovych KOVALEV
Died in 2023
Yevgeniy Stanislavovych SMELIK
Born in 1985
Olga Tymofiyivna SMELIK
Valentyna Grygoriyivna KOVALYOVA