FIFTH SECTION
DECISION
Application no. 2748/07
Valentyn Ivanovych POPLAVSKYY
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 2 October 2012 as a committee composed of:
Boštjan M. Zupančič, President,
Ann Power-Forde,
Angelika Nußberger, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 26 December 2006,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Valentyn Ivanovych Poplavskyy, is a Ukrainian national born in 1937, who lives in Lviv He is represented before the Court by Mr D.A. Gudyma, a lawyer practising in Lviv. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Nazar Kulchytskyy, of the Ministry of Justice.
The applicant complained under Article 6 § 1 of the Convention about the outcome of the court proceedings and the failure of the Supreme Court to consider his appeal in cassation. He further complained under Article 8 of the Convention of a breach of his right to home.
His complaint under Article 6 § 1 of the Convention concerning the applicant’s access to the court of cassation was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letter dated 22 November 2011, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 20 September 2011 and that no extension of time had been requested. The applicant’s representative’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. The applicant’s representative received this letter on 14 December 2011. However, no response has been received.
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 PhillipsBoštjan M. Zupančič
Deputy RegistrarPresident
Full & Egal Universal Law Academy