FIFTH SECTION
DECISION
Application no. 40766/09
Mykola Fedorovych PESOTSKYY
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 11 March 2021 as a Committee composed of:
Ivana Jelić, President,
Ganna Yudkivska,
Arnfinn Bårdsen, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to the above application lodged on 15 July 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Mykola Fedorovych Pesotskyy, a Ukrainian national, was born in 1956 and lived in Lugansk.
The applicant complained that the seizure of his property, which had been applied from 29 December 2005 to 7 July 2009 within the ongoing criminal proceedings against him, had been contrary to Article 1 of Protocol No. 1. He also complained under Articles 6 § 1 and 13 of the Convention about the impossibility to challenge that measure.
On 22 May 2014 the Court decided to give notice of the application to the Government.
On 8 September 2014 the Government submitted their observations on the admissibility and merits of the application. However, the Court was not able to forward them to the applicant since, as from the spring of 2014, the Ukrainian authorities had lost control over Lugansk and the Ukrainian post was no longer operating there. It did not appear possible to reach the applicant by other means.
On 25 September 2020 the Registry attempted to reach the applicant at the telephone number indicated by him in the application form. The person who replied introduced himself as the applicant’s colleague and friend. He informed the Registry that the applicant had died on 30 December 2019 and that his children lived abroad. The information about the applicant’s death was also confirmed by the obituary notices published online.
However, despite the time that has elapsed since the applicant’s death, no heirs have presented themselves to pursue the procedure before the Court.
THE LAW
In the light of the foregoing, the Court considers that it is no longer justified to continue the examination of the application within the meaning of 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 its Protocols which require the continued examination of the case.
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 1 April 2021. gnature_p_1} {signature_p_2}
Liv TigerstedtIvana Jelić
Deputy RegistrarPresident
Full & Egal Universal Law Academy