FIFTH SECTION
DECISION
Application no. 7473/13
Aleksandr Nikolayevich KIRYANENKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 3 September 2020 as a Committee composed of:
Lado Chanturia, President,
Ganna Yudkivska,
Anja Seibert-Fohr, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 9 January 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Aleksandr Nikolayevich Kiryanenko, was born in 1983.
The applicant was represented by Mr A.S. Patyak, a lawyer practising in Zaporizhzhya.
The applicant’s complaints under Article 5 § 1 of the Convention concerning the alleged breach of the procedure for his arrest and the alleged absence of a court decision authorising his detention for certain periods, and Article 5 § 3 of the Convention concerning the alleged lack of reasoning of the judicial decisions ordering the applicant’s arrest and continued detention, and the allegedly unreasonable duration of his detention on remand, were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant’s representative, who was invited to submit observations on behalf of the applicant. No reply was received to the Registry’s letter.
By letter dated 10 May 2019 the applicant’s representative was notified that the period allowed for submission of the observations had expired on 22 March 2019 and that no extension of time had been requested. A warning that the application could be struck out if there was no response was included in the letter. No reply was received to the Registry’s letter.
By letter dated 13 September 2019, sent by registered post, the Registry notified the applicant about his failure to submit observations or to ask for extension. 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. A copy of the Court’s letter sent to the applicant’s representative was enclosed. According to the postal tracking system the applicant received this letter on 4 October 2019. However, no response has been received.
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 24 September 2020.
Liv TigerstedtLado Chanturia
Acting Deputy RegistrarPresident
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