FIFTH SECTION
DECISION
Application no. 16634/14
Anatoliy Viktorovych SHATILO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 7 September 2017 as a Committee composed of:
Nona Tsotsoria, President,
Gabriele Kucsko-Stadlmayer,
Lәtif Hüseynov, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 25 December 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Anatoliy Viktorovych Shatilo, was born in 1957.
The applicant’s complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of the Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”).
By letter dated on 23 December 2015, the Government informed the Court that the applicant had died. A copy of the Government’s letter was sent to the applicant’s address for any comment. No reply was received.
By letter sent on 24 January 2017 by registered post to the deceased applicant’s address preceded by the mention “To whom it may concern”, the Registry notified that no reply had been received to the Court’s previous correspondence and a new time-limit for any comment was given. The attention was drawn to the fact that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that nobody is entitled and/or wishes to pursue the application. However, the letter was returned to the Registry on 20 Mars 2017 as not having been collected from the post office (non-réclamé).
THE LAW
In the light of the foregoing, the Court concludes that the applicant, or any potential heirs, may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued 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 28 September 2017.
Liv TigerstedtNona Tsotsoria
Acting Deputy RegistrarPresident
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