FIFTH SECTION
DECISION
Application no. 56745/16
Oleksandr Ivanovych KAPUSTIN
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 1 July 2021 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Jovan Ilievski,
Mattias Guyomar, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 18 September 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Oleksandr Ivanovych Kapustin, was born in 1978 and lives in Mykolayiv.
The applicant’s complaints under Article 2 of the Convention concerning the alleged medical negligence resulting in death of his relative were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letter dated 20 January 2020, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 2 October 2019 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. As appears from the delivery receipt, the applicant received this letter on 6 February 2020. However, no response followed.
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, 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 22 July 2021.
{signature_p_2}
Viktoriya MaradudinaStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy