FIFTH SECTION
DECISION
Application no. 8564/13
Maksym Volodymyrovych SAMOTIY
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 22 September 2015 as a Committee composed of:
Angelika Nußberger, President,
Boštjan M. Zupančič,
Vincent A. De Gaetano, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above application lodged on 24 January 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Maksym Volodymyrovych Samotiy, is a Ukrainian national, who was born in 1980 and lives in Lviv.
The Ukrainian Government (“the Government”) were represented by their then Agent, Ms Olga Davydchuk, of the Ministry of Justice.
The applicant’s complaint under 5 § 1 (e) of the Convention 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 10 June 2015, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 9 February 2015 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. The applicant received this letter on 23 June 2015. 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.
Done in English and notified in writing on 15 October 2015.
Milan BlaškoAngelika Nußberger
Deputy RegistrarPresident
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