FIFTH SECTION
DECISION
Application no. 44186/16
KOMUNISTYCHNA PARTIYA UKRAYINY
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 13 June 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 12 July 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant party, “Komunistychna partiya Ukrayiny”, the Communist party of Ukraine, was registered in 1993.
It complained under Articles 6, 10 and 11 of the Convention on account of the domestic authorities’ conclusion that its name, symbols and activities contradicted the recently adopted domestic law prohibiting propaganda of communist symbols.
The applicant party has not contacted the Court since 21 February 2022, which is the date when the last letter was received from it.
In 2022 the applicant party was banned by judicial order in Ukraine.
On 28 June 2023 the Registry sent a letter to the applicant party through the Court’s Electronic Communications Service (eComms) inviting it to inform the Court whether the applicant party had been dissolved and if there were any legal successors willing to pursue the application on its behalf. Although eComms was activated, no response was received. On 23 October 2023 the lawyer who was indicated as the applicant party’s representative in other cases before the Court confirmed that he had received the Registry’s letter of 28 June 2023 but stated that he no longer represented the applicant party. The Registry’s numerous attempts to reach the applicant party by the telephone numbers indicated in the case file were unsuccessful.
On 9 January 2024 the Registry sent a letter by registered post to the applicant party’s last known mailing address inviting it to confirm its interest in pursuing the application by 6 February 2024 and informing it that otherwise the Court might strike the application out of its list of cases. The letter was returned to the Court undelivered not being claimed by the applicant party.
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 4 July 2024.
Viktoriya Maradudina Carlo Ranzoni
Acting Deputy Registrar President