FOURTH SECTION
DECISION
Application no. 63700/11
Mykola Mykhaylovych DZYUBYNSKYY
against Ukraine
The European Court of Human Rights (Fourth Section), sitting on 15 May 2018 as a Committee composed of:
Faris Vehabović, President,
Carlo Ranzoni,
Péter Paczolay, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 4 October 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Mykola Mykhaylovych Dzyubynskyy, is a Ukrainian national, who was born in 1977 and lived in Bolekhiv. He was represented before the Court by Mr O.I. Volokhovskyy, a lawyer practising in Striy. The applicant died on 12 September 2013, his father, Mr Mykhaylo Mykolayovych Dzyubynskyy, expressed his wish to pursue the application in his stead.
2. The applicant’s complaints concerning alleged police ill-treatment and length of criminal proceedings against him were communicated to the Ukrainian Government (“the Government”), who were represented by their Agent, most recently Mr I. Lishchyna.
3. The applicant party failed to respond to the last Registry’s letter of 19 January 2018 (addressed to both: the applicant’s representative and his father and received by each of them on 31 January 2018), reminding that the period allowed for submission of the observations on the applicant’s behalf in reply to those of the Government had expired on 13 November 2017 and that no extension of time had been requested. The addressees’ attention was drawn to Article 37 § 1 (a) of the Convention.
THE LAW
4. The Court considers that, in these circumstances, the applicant party may be regarded as no longer wishing to pursue the present 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.
5. 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 7 June 2018.
Andrea TamiettiFaris Vehabović
Deputy RegistrarPresident
Full & Egal Universal Law Academy