ILKO AND MUKHINA v. UKRAINE

FIFTH SECTION

DECISION

Applications nos. 34038/16 and 62960/16
Nataliya Mykolayivna ILKO against Ukraine
and Nelya Oleksandrivna MUKHINA against Ukraine
(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 13 March 2025 as a Committee composed of:

 Diana Sârcu, President,
 Kateřina Šimáčková,
 Mykola Gnatovskyy, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

The applications concern the applicants’ complaints under various Articles of the Convention and Protocols thereto regarding the suspension of their pension payments.

On 23 August 2023 the applicants were requested to confirm whether they maintained their applications before the Court; their attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case 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 relevant letters of the Court, sent via the Court’s Electronic Communication Service (eComms), were not downloaded by the applicants. The Registry’s numerous attempts to reach them by phone were unsuccessful. It is also impossible to reach the applicants by post because they live on the occupied territories of Ukraine where postal services do not operate.

By letter of 17 December 2024, sent by registered post, the applicants’ representative was also requested to confirm whether he maintains the applications; he was likewise warned that the cases may be struck out of the Court’s list of cases. The applicants’ representative received that letter on 6 January 2025, but no response has followed to date.

There is no effective contact with the applicants and their representative.

THE LAW

Having regard to similar developments in the procedure related to the two applications, the Court finds it appropriate to examine them jointly in a single decision.

The Court notes that all the available means to contact the applicants have been tried without success. The applicants did not provide the Court with any new contact information which could have allowed the Court to conduct further proceedings.

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 applications (see Bryska and Others v Ukraine [Committee] (dec.), no. 11706/13 and 5 others, 2 November 2023, and Zhadan and Others v Ukraine [Committee] (dec.), no. 29283/13 and 26 others, 14 December 2023).

The Court, however, reiterates that under Article 37 § 2 of the Convention it may decide to restore the applications to its list of cases if it considers that the circumstances justify such a course.

Accordingly, 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 3 April 2025.

 Viktoriya Maradudina Diana Sârcu
 Acting Deputy Registrar President

APPENDIX