FIFTH SECTION
DECISION
Application no. 32679/06
by Mikhail Ivanovich LUKA
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 22 June 2010 as a Chamber composed of:
Peer Lorenzen, President,
Renate Jaeger,
Rait Maruste,
Isabelle Berro-Lefèvre,
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva,
Ganna Yudkivska, judges,
and Claudia Westerdiek, Section Registrar,
Having regard to the above application lodged on 19 June 2006,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Mikhail Ivanovich Luka, a Moldovan national who was born in 1972 and lived in Odessa. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev. The Moldovan Government have not made use of their right to intervene under Article 36 of the Convention.
The applicant complained about the length of the criminal proceedings against him and the length of his pre-trial detention. He also raised a number of other complaints. The complaints concerning the length of the criminal proceedings and the length of the pre-trial detention were communicated to the Government, who submitted their observations on the admissibility and merits of the case on 15 September 2009. By a letter of 2 October 2009 the applicant was invited to submit his observations in reply together with any claims for just satisfaction by 13 November 2009. However, the applicant failed to do so. Moreover, he failed to respond to a letter dated 26 November 2009 warning the applicant of the possibility that his case might be struck out of the Court's list.
THE LAW
Having regard to Article 37 § 1 (a) of the Convention, the Court concludes that the applicant does not intend to pursue the application. 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 this application.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
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