FIFTH SECTION
DECISION
Application no. 5820/11
Valeriy Oleksandrovych DENYSENKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 16 January 2020 as a Committee composed of:
Gabriele Kucsko-Stadlmayer, President,
Mārtiņš Mits,
Lәtif Hüseynov, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 12 January 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Valeriy Oleksandrovych Denysenko, was born in 1950.
The applicant was represented by Mr V.S. Sarnyak, a lawyer practising in Ploske.
The applicant’s complaints under Article 6 § 1 of the Convention as well as under Article 1 of Protocol No. 1 to the Convention concerning the annulment of the applicant’s title to a plot of land were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits.
On 23 January 2019 the Government’s observations were forwarded to the applicant, who was invited to submit his observations. No reply was received to the Registry’s letter.
By letter dated 10 May 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 5 March 2019 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.
By letter received on 25 June 2019 the applicant’s representative asked the Court to maintain the application. Since it appeared that he had not received the Registry’s letter of 23 January 2019, a new time-limit for submission of the applicants’ observations in reply to those of the Government was set until 23 August 2019. However, no reply was received by this date.
On 25 September 2019 another letter, in similar terms as the letter of 10 May 2019, was sent by registered post to the representative. According to the online tracking database of the Ukrainian post, the letter was delivered in person on 17 October 2019. However, to date, 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 6 February 2020.
Liv TigerstedtGabriele Kucsko-Stadlmayer
Acting Deputy RegistrarPresident
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