FIFTH SECTION
DECISION
Application no. 38552/06
Aleksandr Mikhaylovich KOTOV against Ukraine
and 2 other applications
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 5 February 2013 as a Committee composed of:
Angelika Nußberger, President,
Ganna Yudkivska,
André Potocki, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above applications lodged between 6 September 2006 and 30 December 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The Ukrainian Government (“the Government”) are represented by their Agent, Mr N. Kultchytskyy, of the Ministry of Justice.
The applicants mainly complained of the prolonged non-enforcement of the domestic decisions in their favour. The complaints under Articles 6 § 1, 13 of the Convention and Article 1 of Protocol No. 1 were communicated to the Government for observation in the case of the first applicant and for information in the other cases.
The Russian Government waived their right to intervene under Article 36 of the Convention in respect of the second application.
The Government submitted their proposals for a friendly settlement of the cases. These were forwarded to the applicants, who were invited to submit their own comments. No reply was received to the Registry’s letter.
By letters sent by registered post on the dates listed in the appendix, the applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, 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 its Protocols which require the continued examination of the cases.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court unanimously
Decides to joint the applications;
Decides to strike the applications out of its list of cases.
Stephen PhillipsAngelika Nußberger
Deputy RegistrarPresident
Appendix
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Date of the registered letter
38552/06
06/09/2006
Aleksandr Mikhaylovich KOTOV
02/06/1964
Torez
12 March 2012
7979/08
11/01/2008
Rudolf Ivanovich SEDUNOV
09/12/1941
Arkhangelsk
Russian national
5 January 2012
4546/09
30/12/2008
Viktor Oleksandrovych KUCHEROV
27/09/1941
Zaaydarivka
27 September 2011
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