FIFTH SECTION
DECISION
Application no. 2704/16
Taras Teodoziyovych KOVTALYUK
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 18 January 2024 as a Committee composed of:
Mārtiņš Mits, President,
Kateřina Šimáčková,
Mykola Gnatovskyy, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 21 December 2015,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Taras Teodoziyovych Kovtalyuk, was born in 1967. He was represented by Mr B.S. Gumenyuk, a lawyer practising in Delyatyn.
In November 2021 the Court was informed that the applicant had died and that his wife, Ms Nadiia Mykolaivna Kovtalyuk wished to pursue the application in his stead. The complaints under Article 6 of the Convention and under Article 1 of Protocol No. 1 about the invalidation, following a request by a prosecutor, of the applicant’s title to a land plot he had bought from the local authorities, as the land belonged to the railway protection zone, were communicated to the Ukrainian Government (“the Government”).
The Government’s observations, received in September 2023, were sent to the applicant’s representative via the Court’s electronic communications service (eComms). The documents were downloaded, but no reply has been received.
On 16 November 2023 the applicant party was warned, via eComms, that the time-limit for submission of the observations had expired and that the case could be struck out of the list. The new deadline for response to confirm the interest in pursuing the application was set until 1 December 2023. The letter was not downloaded.
On 7 December 2023, when contacted by phone by the Registry, the applicant’s representative informed the Court that the applicant party wished to withdraw the application.
THE LAW
In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 8 February 2024.
Viktoriya Maradudina Mārtiņš Mits
Acting Deputy Registrar President