FIFTH SECTION
DECISION
Application no. 21004/11
Denys BILETSKYY
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 13 September 2018 as a Committee composed of:
Yonko Grozev, President,
Gabriele Kucsko-Stadlmayer,
Lәtif Hüseynov, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 21 March 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Denys Biletskyy, was born in 1978 and lives in Zaporizhya.
The applicant’s complaints under Article 6 of the Convention concerning fair trial and the principle of the equality of arms were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits.
By letter dated 13 February 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 5 December 2017 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 letter was delivered on 23 March 2018. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued 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 4 October 2018.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy