FIFTH SECTION
DECISION
Application no. 11734/11
Tetyana Viktorivna KOTYUK
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 19 November 2020 as a Committee composed of:
Ivana Jelić, President,
Ganna Yudkivska,
Arnfinn Bårdsen, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 10 February 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Tetyana Viktorivna Kotyuk, was born in 1972.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the lack of an opportunity to comment on the appeal 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 observations in reply. No reply was received to the Registry’s letter.
By letter dated 5 February 2020, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 10 December 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 system the applicant received the letter on 18 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 10 December 2020.
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
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