FIFTH SECTION
DECISION
Application no. 12880/19
Ivan Orestovych DANYLKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 25 June 2020 as a Committee composed of:
Lado Chanturia, President,
Ganna Yudkivska,
Anja Seibert-Fohr, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 21 February 2019,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ivan Orestovych Danylko, was born in 1945.
The applicant was represented by Mr O.V. Mytsyk, a lawyer practising in Lviv, Ukraine.
The applicant’s complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law, as well as under Article 2 of Protocol No. 4 to the Convention concerning the excessive length of the obligation not to abscond, were communicated to the Ukrainian Government (“the Government”).
In June 2019 the applicant’s son informed the Court that the applicant had died in March 2019. He also expressed his wish to pursue the application and submitted a power of authority for the applicant’s representative in this respect.
The Government’s observations, received on 9 September 2019, were forwarded to the applicant’s representative, who was invited to submit any comments on behalf of the applicant. No reply was received to the Registry’s letter.
By letter dated 18 December 2019, sent by registered post, the applicant’s representative was notified that the period allowed for submission of the comments in reply to the Government’s observations had expired on 31 October 2019 and that no extension of time had been requested. 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 applicant’s representative received this letter on 2 January 2020. However, no response has been received.
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 16 July 2020.
Liv TigerstedtLado Chanturia
Acting Deputy RegistrarPresident
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