FIFTH SECTION
DECISION
Application no. 53548/09
Yevgeniy Arturovich NEKHOROSHKIN
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 24 October 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 28 September 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Yevgeniy Arturovich Nekhoroshkin, was born in 1986. The applicant resides in the Crimea.
The applicant was represented by Mr N. Alyadinov, a lawyer practising in Simferopol.
The applicant’s complaints under Article 3 of the Convention concerning the allegedly ineffective investigation into his beatings by a private party were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. On 16 December 2013 the observations were forwarded to the applicant, who was invited to submit observations in reply but which he failed to do.
By letter dated 1 April 2014, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 24 January 2014 and that no extension of time had been requested. The applicant’s 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. The letter returned undelivered.
The last contact with the applicant’s representative dates 20 May 2014 by telephone. He informed the Court that the applicant’s mother, who had been his initial representative, had died. He also stated that he had not received the Court’s letter of 16 December 2013.
Since then, neither the applicant nor his representative has been in contact with the Court despite several attempts by the Registry to establish contact with them. In particular, on 28 January 2019 the Court sent, by DHL, a letter to the applicant containing the same strike out warning as in the letter of 1 April 2014. The letter was not received by the applicant but was returned to the Court. Further, on 3 April 2019 the Court sent, by DHL, the same warning letter to the applicant’s lawyer. The DHL postal receipt suggests that the Court’s letter was received on 12 April 2019 by a certain Ms E. There is no information in the case-file whether she has any link to the applicant’s lawyer. In any event, no reply has been received by the Court to any of these letters.
THE LAW
In the light of the foregoing, the Court concludes that the applicant does not wish to pursue the application within the meaning of Article 37 § 1 (a) 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 14 November 2019.
Liv TigerstedtAndré Potocki
Acting Deputy RegistrarPresident
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