FIFTH SECTION
DECISION
Application no. 40795/04
by Roman Vladimirovich DEYNEKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 22 June 2010 as a Chamber composed of:
Peer Lorenzen, President,
Karel Jungwiert,
Rait Maruste,
Mark Villiger,
Isabelle Berro-Lefèvre,
Zdravka Kalaydjieva,
Ganna Yudkivska, judges,
and Claudia Westerdiek, Section Registrar,
Having regard to the above application lodged on 4 November 2004,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Roman Vladimirovich Deyneko, a Ukrainian national who was born in 1986 and lives in Kovsharivka, Kharkiv Region, Ukraine. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev.
The applicant's complaints under Articles 5 § 3 and 6 § 1 of the Convention concerning the length of the applicant's detention on remand and the length of criminal proceedings against him, respectively, were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was, invited to submit his own observations. No reply was received to the Registry's letter.
By letter dated 29 January 2010, sent by registered post, the applicant was notified that the period allowed for submission of the his observations had expired on 21 September 2009 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 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 applicant received this letter on 9 February 2010. However, no response has been received.
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.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
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