FIRST SECTION
DECISION
Application no. 17947/15
Oleksandr Sergiyovych KRYVOGUB
against Ukraine and Russia
The European Court of Human Rights (First Section), sitting on 31 May 2022 as a Committee composed of:
Krzysztof Wojtyczek, President,
Erik Wennerström,
Tim Eicke, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to the above application lodged on 15 April 2015,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Oleksandr Sergiyovych Kryvogub, is a Ukrainian national who was born in 1983 and lives in Bila Tsekrva, Ukraine. He was initially represented by Ms O. Ashchenko, a lawyer practicing in Kharkiv, Ukraine.
The Russian Government were initially represented by Mr M. Galperin, former Representative of the Russian Federation to the European Court of Human Rights, and later by his successor, Mr M. Vinogradov. The Ukrainian Government were represented by their Agent, Mr I. Lishchyna.
The application concerns the alleged abduction and unlawful deprivation of liberty of the applicant, who is a servicemen of the Ukrainian Army, by representatives of the armed groups in the course of the conflict in Eastern Ukraine, as well as the alleged ill-treatment and forced labour to which he was subjected while in detention. The applicant relied on Articles 3, 4 and 5 of the Convention.
On 9 February 2018 notice of the application was given to the Governments of Russia and Ukraine whose observations were received on 3 September 2018 and 11 October 2018 respectively.
On 23 August 2018 the applicant’s representative informed the Court that she would no longer be acting as the representative of the applicant in the proceedings before the Court. Consequently, the respondent Governments’ observations were forwarded directly to the applicant on 5 November 2018. The applicant was invited to provide his written observations in reply and his just satisfaction claim by 17 December 2018.
At the requests of the legal representatives of the applicants in a number of other applications which had been communicated together with the present application, the time-limit for submission of the observations was extended twice to all applicants in the group, including the applicant. The second extension was granted until 2 August 2019. The applicant was informed of both extensions by letters dated 27 December 2018 and 7 March 2019, respectively.
However, no reply was received from the applicant within the time‑limit indicated by the Court. Therefore, on 28 April 2020 the Registry sent a letter to the applicant by registered post, informing him that the period allowed for submission of his observations had expired on 2 August 2019 but that no observations had been received. 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 information obtained from the official website of the Ukrainian postal service, on 12 June 2020 this letter was delivered to the applicant. Still, no observations from the applicant have been received by the Court and no further contact has been made with the Court by the applicant regarding his application.
THE LAW
The Court considers that, in the circumstances described above, the applicant may be regarded as no longer wishing to pursue his 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 its Protocols which require the continued examination of the case.
In view of the above, it is appropriate to strike the case 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 15 September 2022.
Liv Tigerstedt Krzysztof Wojtyczek
Deputy Registrar President