FIFTH SECTION
DECISION
Application no. 36320/06
Aleksandr Grigoryevich BEZVERKHNIY
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 9 December 2014 as a Committee composed of:
Boštjan M. Zupančič, President,
Helena Jäderblom,
Aleš Pejchal, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 30 August 2006,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Aleksandr Grigoryevich Bezverkhniy, is a Ukrainian national, who was born in 1976 and lives in the city of Vinnytsya, Ukraine.
The Ukrainian Government (“the Government”) were represented by their Agent, most recently, Ms Nataly Sevostianova, of the Ministry of Justice of Ukraine.
The applicant complained under Article 6 § 3 (c) of the Convention about lack of proper legal representation at the initial stage of criminal proceedings against him.
The application was communicated to the Government on 17 January 2013. By numerous letters the applicant was requested to appoint a legal representative. No answer or evidence that the applicant had received those letters were obtained. In particular, a letter of 7 February 2014 sent by registered mail was returned to the Court in September 2014 as “non réclamé”.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his 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.
Stephen Phillips Boštjan M. Zupančič
RegistrarPresident
Full & Egal Universal Law Academy