FIFTH SECTION
DECISION
Application no. 31074/05
by Nikolay Aleksandrovich NAZARENKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 7 December 2010 as a Committee composed of:
Mark Villiger, President,
Karel Jungwiert,
Isabelle Berro-Lefèvre, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 28 March 2005,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Nikolay Aleksandrovich Nazarenko, a Ukrainian national who was born in 1976 and is currently serving a life sentence. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev.
The applicant’s complaints that the conditions of his detention in Donetsk Pre-Trial Detention Centre no. 5 had been in breach of Article 3 of the Convention and that the hearing before the Supreme Court of Ukraine had been in breach of the principles of the fairness and equality of arms enshrined in Article 6 §§ 1 and 3 (c) of the Convention were communicated to the Government, who submitted their observations on the admissibility and merits. The applicant was invited to designate a name of a lawyer who would represent him in further proceedings before the Court. No reply was received to the Registry’s letter.
By letter dated 20 April 2010, sent by registered post to the address indicated by the applicant for the correspondence purposes, the applicant was notified that the period allowed for submission of information concerning his representative expired on 1 April 2010 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 a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. This letter was notified on 26 April 2010. However, no response has been received. Any further attempts by the Registry to contact the applicant at the available addresses of his places of detention were either unsuccessful.
The last letter from the applicant the Registry received on 2 December 2009.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his 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 its Protocols which require the continued examination of the case.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Stephen PhillipsMark Villiger
Deputy RegistrarPresident
Full & Egal Universal Law Academy