FIFTH SECTION
DECISION
Application no. 38206/23
Aslambek Selymovych MUSITOV against Ukraine
and 22 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 7 May 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 applicants were represented by Mr S. Kulbach, a lawyer practising in Limoges.
The applicants’ complaints under the Convention were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants’ representative, who was invited to submit his own observations by 28 November 2024 (see appended table for details). No reply was received by the Court.
By letter dated 21 January 2025, sent through the Court’s Electronic Communication Service (eComms), the applicants’ representative was notified that the period allowed for submission of his observations had expired and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. Mr Kulbach downloaded the letter on the same day. However, no response has been received.
THE LAW
Having regard to the similar procedural conduct of the applicants, the Court finds it appropriate to examine them jointly in a single decision.
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.
Accordingly, the applications should be struck out of the list of cases.
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 28 May 2025.
Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President
APPENDIX
List of applications
No.
Application no.
Introduction date
Applicant
Year of Birth
Complaints communicated
Date of sending Government’s observations to the applicant’s representative
Date of the
Court strike-out warning letter
1.
38206/23
04/10/2023
Aslambek Selymovych MUSITOV
1976
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 6 (1) - excessive length of criminal proceedings;
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings;
Art. 5 (3) - excessive length of pre-trial detention.
17/10/2024
(by eComms – not downloaded)
21/01/2025
(by eComms, downloaded on 21/01/2025)
2.
2880/24
12/01/2024
Igor Igorovych PAVLENKO
1987
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 6 (1) - excessive length of criminal proceedings;
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings;
Art. 5 (3) - excessive length of pre-trial detention.
3.
7444/24
11/03/2024
Volodymyr Volodymyrovych BABKIN
1986
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
4.
7445/24
11/03/2024
Andriy Mykolayovych GOLOVATYUK
1988
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
5.
7446/24
11/03/2024
Kostyantyn Leonidovych KONONENKO
1991
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
6.
7449/24
11/03/2024
Fedor Romanovych GLUKHOV
1991
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 6 (1) - excessive length of criminal proceedings;
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings;
Art. 5 (3) - excessive length of pre-trial detention.
7.
7452/24
11/03/2024
Vadym Vyacheslavovych SHALAY
1982
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
8.
7455/24
11/03/2024
Denys Sergiyovych AREFYEV
1997
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
9.
7459/24
11/03/2024
Sergiy Volodymyrovych GULYVATYY
1983
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
10.
7468/24
11/03/2024
Andriy Gennadiyovych TARASOV
1983
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
11.
7771/24
11/03/2024
Igor Oleksiyovych MARUNKEVYCH
1996
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
12.
7773/24
11/03/2024
Oleksiy Viktorovych VLASENKO
1976
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
13.
7901/24
11/03/2024
Volodymyr Viktorovych MARYNIN
1979
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 6 (1) - excessive length of criminal proceedings;
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings;
Art. 5 (3) - excessive length of pre-trial detention.
14.
7903/24
11/03/2024.
Oleksandr Oleksandrovych KHRYSTENKO
1995
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
15.
10209/24
04/04/2024
Ruslan Oleksandrovych KONIVTSOV
1989
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
16.
10213/24
04/04/2024
Vasyl Vasylyovych BERESTOVSKYY
1980
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 5 (3) - excessive length of pre-trial detention.
17.
10216/24
04/04/2024
Ruslan Yuriyovych VOLOSHYN
1979
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 6 (1) - excessive length of criminal proceedings;
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings.
18.
10225/24
04/04/2024
Mykola Viktorovych LEGKYY
1980
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
19.
10226/24
04/04/2024
Dmytro Petrovych TKACHENKO
1989
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
20.
10280/24
04/04/2024
Oleksandr Oleksandrovych MOROZOV
1959
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
21.
10598/24
04/04/2024
Sergiy Volodymyrovych PETRUSHKO
1978
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 5 (3) - excessive length of pre-trial detention.
22.
12131/24
04/04/2024
Oleksandr Oleksiyovych RUBAN
1949
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention.
23.
12195/24
04/04/2024
Igor Anatoliyovych GLOBA
1970
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 5 (3) - excessive length of pre-trial detention.