FIFTH SECTION
DECISION
Application no. 77851/12
Ivan Ivanovych MELNYCHUK
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 29 September 2020 as a Committee composed of:
Lado Chanturia, President,
Ganna Yudkivska,
Anja Seibert-Fohr, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 29 November 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ivan Ivanovych Melnychuk, was born in 1969.
The application mainly concerns the alleged distortion of the results of the parliamentary elections of 28 October 2012 in single-seat electoral constituency no. 14 in Vinnytsya Region, in which the applicant stood as a candidate.
On 29 April 2019 notice of the applicant’s complaint under Article 3 of Protocol No. 1 was given to the Government and the remainder of the application was declared inadmissible.
On 3 May 2019 the Registry sent a letter to the applicant informing him of the above. The applicant was also instructed to appoint a representative in compliance with Rule 36 §§ 2 and 4 of the Rules of Court by 12 July 2019.
In the absence of any reply from the applicant, on 30 October 2019 another letter was sent to him reminding him of the legal representation requirement. That letter was returned to the Court (no reason for the return was marked).
On 17 December 2019 the Registry attempted to reach the applicant by telephone. However, the telephone number indicated by him in the application form belonged to a private company to which the applicant was unknown.
On 5 March 2020 the Registry resent its letter of 30 October 2019 to the applicant by registered post. He was also warned that, in case of failure to comply with the requirement to appoint an appropriate legal representative, the Court might strike his application out of the list in accordance with Article 37 § 1 (a) of the Convention. That letter was returned to the Court as “unclaimed”.
THE LAW
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 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 22 October 2020.
Liv TigerstedtLado Chanturia
Acting Deputy RegistrarPresident
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