FIFTH SECTION
DECISION
Application no. 36190/10
Vitaliy Grigoryevich MASAKOVSKIY
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 12 September 2019 as a Committee composed of:
André Potocki, President,
Ganna Yudkivska,
Yonko Grozev, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 30 May 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vitaliy Grigoryevich Masakovskiy, was born in 1983 and is currently serving his prison sentence.
On 22 November 2017 the Ukrainian Government (“the Government”) were given notice of the applicant’s complaints under Article 6 §§ 1 and 3 (c) concerning his inability to take part in the hearing before the Supreme Court in the criminal proceedings against him and the remainder of the application was declared inadmissible pursuant to Rule 54 § 3 of the Rules of Court.
On 24 January 2019 the Government’s observations were forwarded to the applicant’s mother, acting as the applicant’s representative, who was invited to submit observations on the applicant’s behalf.
On 1 March 2019 the applicant’s representative informed the Court in reply that the applicant did not see any sense in pursuing his complaints under Article 6 §§ 1 and 3 (c) as he had almost served his entire sentence.
On 11 July 2019 the applicant’s representative confirmed to the Registry that the applicant no longer wished to pursue his application in as much as it concerned the communicated complaints.
THE LAW
In the light of the foregoing, the Court concludes that it is no longer justified to continue the examination of the application (Article 37 § 1 (c) 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 the Protocols thereto which require the continued 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 3 October 2019.
Liv TigerstedtAndré Potocki
Acting Deputy RegistrarPresident
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