FIFTH SECTION
DECISION
Application no. 14359/13
Nurbek Atantayevich KADYROV against Ukraine
and 5 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 5 December 2024 as a Committee composed of:
Diana Sârcu, President,
Kateřina Šimáčková,
Mykola Gnatovskyy, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
The applicants’ complaints under the Convention were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The applicants were required to submit their observations in reply, however, the contact with the applicants has been lost (see appended table for details).
By letters sent through the Court’s Electronic Communication Service (eComms) and by registered post, the applicants were notified that the period allowed for submission of their observations had expired and that no extension of time had been requested (see appended table for dates and details).
The applicants’ 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. No reply followed.
THE LAW
Having regard to the similar procedural conduct of the applicants, the Court finds it appropriate to examine them jointly in a single decision.
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 applications.
Accordingly, the cases should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 16 January 2025.
Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President
APPENDIX
List of applications
No.
Application no.
Introduction date
Applicant
Year of Birth
Representative’s name
Main complaints raised
Date of sending
Government’s
observations to
the applicant
Date of the
Court strike-out warning letter
1.
14359/13
06/02/2013
Nurbek Atantayevich KADYROV
1972
Dmitriy
Yuryevich ZHITCHENKO
The applicant complained under Article 1 of Protocol No. 1 to the Convention concerning the confiscation of undeclared money by the Ukrainian customs authorities and the fine imposed on him.
21/08/2023
(by eComms)
03/07/2024
(by registered post sent to the applicant and received on 24/07/2024)
2.
2891/16
26/12/2015
Olesya
Yuriyivna SYNYTSYA
1972
Stanislav Vitaliyovych BATRYN
The applicant complained under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention concerning the confiscation of undeclared money by the Ukrainian customs authorities and the fine imposed on her.
22/04/2021
(by eComms)
23/09/2021
(by eComms, downloaded on 27/09/2021, by registered post, returned undelivered);
29/04/2024
(by eComms, not downloaded, by registered post, returned undelivered)
3.
29959/17
05/04/2017
Volodymyr Mykolayovych MELNYK
1964
Kostyantyn Igorovych SHANDER
The applicant complained under Article 6 § 1 of the Convention about a breach of his right of access to a court.
13/09/2023
(by eComms)
15/11/2023
(by eComms, not downloaded)
4.
62723/19
04/06/2020
Ivan
Fedorovych UKRAYINETS
1969
The applicant complained under Article 3 of the Convention concerning ineffective investigation into ill-treatment inflicted by private parties or in circumstances that exclude involvement of state agents.
19/02/2024
(by eComms)
24/06/2024
(by registered post, received in August 2024)
5.
8583/20
29/01/2020
Oleksandr Petrovych KOMISAROV
1952
Vladyslav Eduardovych AGAPITOV
The applicant complained under Article 1 of Protocol No. 1 of the non-enforcement of the final court judgment granting his claim and under Article 14 of the Convention that he had been subjected to a difference in treatment in respect of the possibility to obtain enforcement of the final and biding judgment adopted in his favour on account of his status.
17/04/2024
(by eComms)
25/06/2024
(by eComms, not downloaded)
16/08/2024
(by registered post, returned unclaimed)
6.
18451/20
13/04/2020
Valentyna Stepanivna YASTRUB
1940
Roman Mykolayovych SANNIKOV
The case concerns the invalidation of the applicant’s title to a plot of land following an action by a prosecutor; the land was returned into State property. In that respect the applicant complained under Article 1 of Protocol No. 1.
22/04/2024
(by eComms)
09/08/2024
(by registered post, received on 10/10/2024)