FIFTH SECTION
DECISION
Applications nos. 65329/12 and 76418/12
Ivan Sergiyovych LEBED against Ukraine
and Oleksandr Yevgeniyovych YENYUKOV against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 6 June 2017 as a Committee composed of:
Nona Tsotsoria, President,
Síofra O’Leary,
Lәtif Hüseynov, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above applications lodged on 3 October 2012 and 14 November 2012 respectively,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant in the first case, Mr Ivan Sergiyovych Lebed, is a Ukrainian national, who was born in 1948 and lives in Dnipropetrovsk. The applicant in the second case, Mr Oleksandr Yevgeniyovych Yenyukov, is a Ukrainian national, who was born in 1952 and lives in Zaporizhzhya. He was represented before the Court by Ms O.P. Ryepyenko, a lawyer practising in Zaporizhzhya.
2. The applicants’ complaints under Article 6 of the Convention about the unfairness of two set of civil appeal proceedings were communicated to the Ukrainian Government, who were represented by their Agents, most recently Mr I. Lishchyna.
3. The applicants failed to respond to the last registry’s letters of 19 December 2016 (received by the applicant in the first case on 24 January 2017 and by the representative of the applicant in the second case on 5 January 2017), reminding them that the period allowed for submission of their observations in reply had expired on 14 November 2016 and that no extension of time had been requested. Their attention was drawn to Article 37 § 1 (a) of the Convention.
THE LAW
4. Given the similarity of the present applications, the Court decides to order their joinder (Rule 42 § 1 of the Rules of Court).
5. The Court considers that, in the circumstances described above, the applicants may be regarded as no longer wishing to pursue their applications, 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 cases.
6. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 29 June 2017.
Anne-Marie DouginNona Tsotsoria
Acting Deputy RegistrarPresident
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