FIFTH SECTION
DECISION
Application no. 43/08
Liliya Zefirivna GALEYEVA
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 28 November 2019 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 10 December 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Liliya Zefirivna Galeyeva, was born in 1956 and lived in Uzhorod. By letter dated 13 June 2015, the applicant’s husband, Mr Oleg Volodymyrovych Chaykovskyy, informed the Registry that his wife had died on 3 February 2012 and he expressed his wish to pursue the application.
The applicant’s complaints under Articles 6 § 1 and 13 of the Convention as well as under Article 1 of Protocol No. 1 to the Convention, concerning the excessive length of civil proceedings, non-enforcement of a domestic decision and the lack of any effective remedy in domestic law, were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits.
On 4 July 2019 the Registry sent a letter to the applicant’s heir requesting certain information essential to the processing of the application. No reply was received to this letter.
By letter dated 5 September 2019, sent by registered post, the applicant’s heir was notified that the period allowed for submission of the requested information had expired on 5 August 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 letter was returned to the Registry on 6 November 2019, the applicant’s heir having failed to collect it 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 under Article 37 § 1 in fine, 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 19 December 2019.
Liv TigerstedtGabriele Kucsko-Stadlmayer
Acting Deputy RegistrarPresident
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