FIFTH SECTION
DECISION
Application no. 20680/19
Olena Vasylivna KUNDIRENKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 8 April 2021 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Jovan Ilievski,
Mattias Guyomar, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 4 April 2019,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Olena Vasylivna Kundirenko, was born in 1982.
The applicant’s complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention and lack of any effective remedy in domestic law 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 her own observations. No reply was received to the Registry’s letter.
By letter dated 6 November 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. However, the letter returned to the Registry as not having been collected from the post office (non-réclamé).
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 29 April 2021.
Viktoriya MaradudinaStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy