FIFTH SECTION
DECISION
Application no. 37915/14
Vasyl Vasylyovych KALKA
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 21 March 2019 as a Committee composed of:
Síofra O’Leary, President,
Mārtiņš Mits,
Lado Chanturia, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 12 May 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vasyl Vasylyovych Kalka, was born in 1953.
He was represented before the Court by Mr I. V. Zybachynskyy, a lawyer practising in Kyiv.
The applicant’s complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention as well as under Article 5 § 1 (c) concerning unlawful pre-trial detention were communicated to the Ukrainian Government (“the Government”).
By letter dated 12 October 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 29 August 2018 and that no extension of time had been requested. The applicant’s 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. At the same time, the applicant was given a new time-limit for submission of his observations by 26 November 2018. According to the postal tracking service, the letter was delivered on 22 October 2018. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued 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 11 April 2019.
Liv TigerstedtSíofra O’Leary
Acting Deputy RegistrarPresident
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