FIFTH SECTION
DECISION
Application no. 64220/13
Andrey Aleksandrovich BUBSKIY
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 17 September 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Andrey Aleksandrovich Bubskiy, was born in 1977.
The applicant complained under Articles 3 and 13 of the Convention about inadequate conditions of detention since March 2013 in the Simferopol detention centre (SIZO), situated in the Crimea, and the lack of any effective remedy in domestic law in that regard.
The last correspondence from the applicant was posted on 1 December 2013 from the Menska prison (Kharkiv region).
The above complaints were communicated to the Ukrainian Government (“the Government”), who were not in a position to submit observations on the case as all the necessary documents remained in the occupied territory of the Crimea.
On 24 January 2018 the Court requested the applicant to inform about the precise dates of his detention in the SIZO. This letter was sent to the prison address and also to the address of the applicant’s wife in the Crimea. The applicant failed to reply and the letter to his wife returned undelivered.
By letter dated 23 April 2018, sent by registered post, the applicant was again invited to provide the requested information by 21 May 2018. His 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 received on 10 May 2018, apparently by the detention facility’s representative. 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
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