FIFTH SECTION
DECISION
Application no. 17964/09
Dmytro Ivanovych CHERNUKHIN
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 27 June 2017 as a Committee composed of:
Nona Tsotsoria, President,
Síofra O’Leary,
Lәtif Hüseynov, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above application lodged on 14 March 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Dmytro Ivanovych Chernukhin, is a Ukrainian national, who was born in 1975 and lives in Rubizhne. He was represented before the Court by Mr S. Y. Pustovoytov, a lawyer practising in Severodonetsk.
The applicant’s complaint under Article 3 of the Convention was communicated to the Ukrainian Government (“the Government”), who were represented, most recently, by their Agent, Mr I. Lishchyna, of the Ministry of Justice.
Both the applicant and his representative failed to respond to the last Registry’s letters of 3 March 2017, sent by registered post, reminding them that the period allowed for submission of the applicant’s observations had expired on 18 November 2016 and that no extension of time had been requested. Their attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case 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 sent to the applicant’s representative was delivered to the destination post office on 17 March 2017. However, the letter was returned to the Registry on 28 April 2017 as not having been collected from the post office (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.
Done in English and notified in writing on 20 July 2017.
Anne-Marie DouginNona Tsotsoria
Acting Deputy RegistrarPresident
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