FIFTH SECTION
DECISION
Application no. 64723/16
Davyd Yosypovych ROYZEN
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 15 February 2024 as a Committee composed of:
Mārtiņš Mits, President,
Kateřina Šimáčková,
Mykola Gnatovskyy, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 6 December 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Davyd Yosypovych Royzen, was born in 1947.
The applicant’s complaint under Article 2 of Protocol No. 4 to the Convention concerning an allegedly unlawful refusal of the State Migration Service to issue him with the travel passport was communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits.
On 21 January 2023 the applicant informed the Court about the developments in his case and requested it to adjourn the proceedings in his case until the end of the war in Ukraine.
On 20 March 2023 the Registry sent a letter to the applicant informing him that the case had been communicated to the respondent Government and requesting the applicant to assign a representative before the Court. In reply, the applicant again requested the Court to adjourn the proceedings in his case until the end of the war in Ukraine.
By letter dated 7 September 2023, sent through the Court’s electronic communications service (eComms), the applicant was informed that the proceedings in the case could not be adjourned as requested. He was again invited to assign a representative before the Court and to return to the Registry the signed authority form. The applicant’s attention was drawn to the fact that the failure to comply with the Court’s request may lead to the conclusion that he did not intend to pursue the application. In his reply of 4 October 2023, the applicant informed the Court that he supported his application but, yet again, for moral considerations, asked the Court to postpone the examination of his case until the end of the war. He appointed no representative before the Court.
THE LAW
In the light of the foregoing, given the applicant’s repeated failure to comply with the Court’s request, 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 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 March 2024.
Viktoriya Maradudina Mārtiņš Mits
Acting Deputy Registrar President