FIFTH SECTION
DECISION
Application no. 7044/23
Vitalius Vitautovich KUZMINSKAS
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 17 October 2024 as a Committee composed of:
Kateřina Šimáčková, President,
Mykola Gnatovskyy,
Artūrs Kučs, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 14 January 2023,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vitalius Vitautovich Kuzminskas, was born in 1981. He was represented by Mr S. M. Rybiy, a lawyer practising in Dnipro.
The applicant’s complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of his detention were communicated to the Ukrainian Government (“the Government”).
On 5 October 2023 the applicant’s representative informed the Registry that the applicant was no longer interested in pursuing the application before the Court and wanted to withdraw it.
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 14 November 2024.
Viktoriya Maradudina Kateřina Šimáčková
Acting Deputy Registrar President