SECOND SECTION
DECISION
Application no. 77798/14
Viktor LAPCHUK and Vadym LIKHANOV
against the Republic of Moldova
(see appended table)
The European Court of Human Rights (Second Section), sitting on 1 February 2024 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 4 December 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention were communicated to the Moldovan Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.
By letter dated 7 June 2023, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 24 April 2023 and that no extension of time had been requested. The applicants’ 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. The letter, which had been sent to the applicants’ representative in Germany, returned as unclaimed.
By letter dated 1 August 2023 sent to the applicants’ address in Ukraine they were invited to submit observations and to designate another representative, since their previous one was not a lawyer. That letter went unanswered, as did an email sent to the former representative in Germany and asking for any recent means of contacting the applicants.
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 22 February 2024.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President
APPENDIX
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Viktor LAPCHUK
1969
Ukrainian
Vinnitsa
2.
Vadym LIKHANOV
1967
Ukrainian
Vinnitsa