FIFTH SECTION
DECISION
Application no. 59250/09
Vitaliy Petrovich GRISHECHKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 17 September 2013 as a Committee composed of:
Boštjan M. Zupančič, President,
Ann Power-Forde,
Helena Jäderblom, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 4 October 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vitaliy Petrovich Grishechko, is a Ukrainian national, who was born in 1973 and lives in Odessa.
The Ukrainian Government (“the Government”) are represented by their Agent, Mr Nazar Kulchytskyy, of the Ministry of Justice.
The applicant complained under Article 3 of the Convention that the investigator ill-treated him in order to extract his confession. He further complained under Article 5 § 3 of the Convention about the length of his pre-trial detention. Finally, the applicant complained under Article 6 § 1 of the Convention of unfairness and unreasonable length of the criminal proceedings against him. In particular, he stated that he was not provided with a lawyer during the first days of his detention.
The applicant’s complaints concerning the applicant’s alleged ill‑treatment in police custody, as well as the length of his pre-trial detention and the criminal proceedings, were communicated to the Government, who submitted their observations on the admissibility and merits.
By letter dated 30 March 2011 the Registry invited the applicant to designate his representative by 27 April 2011.
In the absence of a reply, the Court reiterated its request by letter of 22 June 2011 and the applicant was given a new time-limit for submitting an authority form signed by a representative of his choice before 20 July 2011.
By letter dated 8 September 2011, sent by registered post, the applicant was notified that the period allowed for submission of the authority form expired on 20 July 2011 and that no extension of time has 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 letter was delivered to the prison where the applicant had been detained, however it is not clear whether he signed the advice of receipt personally.
As appears from the case file, on 8 February 2011 the Suvorovskiy District Court of Odessa by its final decision found the applicant guilty of causing severe bodily injuries and sentenced him to 4 years’ imprisonment.
Considering the fact that the applicant was arrested on 17 May 2007, it can be presumed that the applicant was released on 17 May 2011 after having served his prison sentence.
The applicant failed to provide the Court his new address. Nor did he otherwise contact the Court after November 2010.
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.
Stephen PhillipsBoštjan M. Zupančič
Deputy RegistrarPresident
Full & Egal Universal Law Academy