FIFTH SECTION
DECISION
Application no. 32135/09
Igor Pavlovych KOSYAN
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 24 October 2019 as a Committee composed of:
André Potocki, President,
Ganna Yudkivska,
Yonko Grozev, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 2 June 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Igor Pavlovych Kosyan, was born in 1968 and lives in Mykhaylivka-Rubezhivka, Kyiv region.
The applicant’s complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No.1 to the Convention, concerning the absence of the applicant and his representatives at the hearing before the Kyiv Regional Court of Appeal on 26 February 2008, were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits.
By letter dated 14 March 2019, sent by registered post, the applicant was requested to appoint a representative in accordance with Rule 36 § 4 (a) of the Rules of Court. According to the postal tracking service, the letter arrived to the point of destination on 28 March 2019. No reply followed from the applicant.
By letter dated 19 July 2019, sent by registered post, the applicant was notified that the period allowed for appointing a representative had expired on 11 April 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. According to the postal tracking service, the letter arrived to the point of destination on 31 July 2019.
To date, no response has been received from the applicant.
The Registry has also tried to contact the applicant on his mobile phone, however, without success.
THE LAW
In the light of the foregoing, the Court concludes that the applicant does not wish to pursue the application within the meaning of 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 14 November 2019.
Liv TigerstedtAndré Potocki
Acting Deputy RegistrarPresident
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