FIFTH SECTION
DECISION
Application no. 5883/16
Igor Leonidovych GYRYA
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 11 July 2024 as a Committee composed of:
Carlo Ranzoni, President,
Mārtiņš Mits,
María Elósegui, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 1 May 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Igor Leonidovych Gyrya, was born in 1975.
The application concerns the refusal of the Svatove District Court of the Luhansk Region to examine the applicant’s claim for damages in connection with administrative proceedings against him. The applicant complained that the refusal was contrary to Article 6 § 1 and Article 17 of the Convention.
The applicant’s known address is in Svatove, a town in the Luhansk Region that has been outside the Ukrainian Government’s control since March 2022. The last correspondence was received from the applicant on 13 January 2022. Since then, the Court has lost contact with the applicant. On three occasions in 2023 and two occasions in 2024, the Court attempted to reach the applicant by telephone, but to no avail.
THE LAW
Having regard to the Court’s decisions striking out applications against Ukraine in which there was a lack of communication with applicants since the full-scale military attack launched by the Russian Federation against Ukraine on 24 February 2022 (see Bryska and Others v. Ukraine (dec.) [Committee], nos. 11706/13 and 5 others, 2 November 2023) and Zhadan and Others v. Ukraine (dec.) [Committee], nos. 29283/13 and 26 others, 14 December 2023), the circumstances of the present case justify striking it out of its list.
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 application.
The Court once again reiterates, as it did in Bryska and Others, and Zhadan and Others, cited above, that under Article 37 § 2 of the Convention it may decide to restore an application to its list of cases if it considers that the circumstances justify such a course.
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 5 September 2024.
Viktoriya Maradudina Carlo Ranzoni
Acting Deputy Registrar President