FIFTH SECTION
DECISION
Application no. 48817/19
Alla Grygorivna DOMASENKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 23 September 2021 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Jovan Ilievski,
Mattias Guyomar, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 2 September 2019,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Alla Grygorivna Domasenko, was born in 1969.
The applicant was represented by Mr O.D. Gayday, a lawyer practising in Kyiv.
The applicant’s complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Ukrainian Government (“the Government”), who submitted 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 19 May 2021, sent by registered post, the applicant’s representative was notified that he has not replied to the Registry’s letter of 17 February 2021. 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. However, the letter was returned to the Registry as not having been collected from the post office.
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 14 October 2021.
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Viktoriya Maradudina Stéphanie Mourou-Vikström
Acting Deputy Registrar President
Full & Egal Universal Law Academy