FIFTH SECTION
DECISION
Application no. 46184/21
Bogdan Kostyantynovych BIGUN
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 4 April 2024 as a Committee composed of:
Mārtiņš Mits, President,
Kateřina Šimáčková,
Mykola Gnatovskyy, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 9 September 2021,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Bogdan Kostyantynovych Bigun, was born in 1954.
The applicant’s complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”), who 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 4 September 2023, sent through the Court’s electronic communication service (eComms), the applicant was notified that the period allowed for submission of his observations had expired 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 downloaded the Court’s letter on the eComms platform on the same day (4 September 2023). However, no response has 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 25 April 2024.
Viktoriya Maradudina Mārtiņš Mits
Acting Deputy Registrar President