FIFTH SECTION
DECISION
Applications nos. 22947/02 and 22966/02
Andrey Mikhaylovych SAMOYLOV against Ukraine
and Vladimir Vladimirovich IVANCHENKO 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 applications lodged on 27 May 2002,
Having deliberated, decides as follows:
PROCEDURE
The applicants, Mr Andrey Mikhaylovych Samoylov (application no. 22947/02) and Mr Vladimir Vladmirovich Ivanchenko (application no. 22966/02), are Russian nationals who were born in 1970. They were represented before the Court by Mr Valeriy Romanov and Mrs Inna Ivanchenko.
The circumstances of the cases, the relevant domestic law and practice and the applicants’ complaints are summarised in the partial decision of the Court given in the instant cases (see Ivanchenko, Samoylov and Ivanchenko v. Ukraine (dec.), nos. 60726/00, 22947/02 and 22966/02, 17 February 2004). Complaint was made under Articles 3, 6 and 13 of the Convention in respect of events in and following 1999.
Notice of the applications was given to the Government on 17 February 2004. The last letter from Mr Samoylov dates 7 January 2009 and from Mr Ivanchenko - 12 January 2009.
The applicants failed to answer any of the Court’s registered letters of 9 February, 20 September and 2 December 2011 requesting them to confirm that their representatives were lawyers in view of the strike-out decision in the case of Ivanchenko v. Ukraine (no. 60726/00, 7 February 2006) and to provide further information on their cases. The applicants were warned of the possibility that their cases might also be struck out of the Court’s list of cases if they failed to reply. Further, in a registered letter of 9 May 2012, the applicants were advised, specifically, in the following terms:
“the Court may decide on the admissibility of the cases on the basis of the files as they stand at present. Alternatively, and in particular if you do not react to this letter, it may conclude that the applicants are no longer interested in pursuing the applications and decide to strike them out of its list of cases.”
No reply to that letter was received.
By letter of 16 July 2012 the Government informed the Court that Mr Samoylov had died on 5 April 2009.
THE LAW
The Court notes that no heirs of Mr Samoylov expressed a wish to maintain his application. Furthermore, given the consistent failure to reply to the Court’s letters and in the absence of any contact with Mr Ivanchenko since 2009, the Court considers that, in these circumstances, he may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. Finally, 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 cases.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court unanimously
Decides to join the applications and to strike them out of its list of cases.
Stephen PhillipsBoštjan M. Zupančič
Deputy RegistrarPresident
Full & Egal Universal Law Academy