FIFTH SECTION
DECISION
Application no. 33062/23
Sergiy Petrovych MAKAREVYCH
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 21 November 2024 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 application lodged on 11 August 2023,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Sergiy Petrovych Makarevych, was born in 1983. He was represented by Mr S. M. Rybiy, a lawyer practising in Dnipro, Ukraine.
The applicant’s complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”).
On 25 September 2024 the applicant’s representative informed the Registry that the applicant had died and that his application to the Court would not be pursued. The Government confirmed the information about the applicant’s death on 28 October 2024 and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention.
In a letter dated 30 September 2024, sent via the Court’s Electronic Communication Service (eComms), the applicant’s representative was granted additional time to locate the applicant’s heirs. The new time-limit was set for 28 October 2024. The letter was downloaded by Mr S. M. Rybiy on the same day (30 September 2024) from the eComms platform but remained unanswered.
THE LAW
In the light of the foregoing, the Court concludes that the applicant’s heirs, if any, do not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention.
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 12 December 2024.
Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President