FIFTH SECTION
DECISION
Application no. 23806/13
Volodymyr Stanislavovych SHCHUKIN against Ukraine
and 10 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 21 November 2024 as a Committee composed of:
Diana Sârcu, President,
Kateřina Šimáčková,
Mykola Gnatovskyy, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
The applicants’ complaints under various Articles of the Convention (see appended table) were communicated to the Ukrainian Government, which submitted observations on the admissibility and merits.
The applicants were required to submit their observations in reply, as well as their just satisfaction claims, however, the contact with the applicants has been lost (see appended table for details).
The Registry sent letters to the applicants indicating that Article 37 § 1 (a) of the Convention provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. In seven cases (see appended table for details) no response followed. In four cases (see appended table for details) the applicants’ lawyer informed the Court that he had lost contact with the applicants.
THE LAW
Having regard to the similar procedural conduct of the applicants, the Court finds it appropriate to examine the applications jointly in a single decision.
The Court notes that all the available means to contact the applicants have been tried without success. In the light of the foregoing, the Court concludes that the applicants may be regarded as no longer wishing to pursue the applications (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 applications (see Bryska and Others v. Ukraine [Committee] (dec.), nos. 11706/13 and 5 others, 23 November 2023).
The Court, however, reiterates that under Article 37 § 2 of the Convention it may decide to restore an application to its list of cases if it considers that the circumstances justify such a course.
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;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 12 December 2024.
Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President
APPENDIX
List of applications
No.
Application no.
Introduction date
Applicant
Year of Birth
Represented by
Main complaints raised
Reasons for a strike-out decision
1.
23806/13
29/01/2013
Volodymyr Stanislavovych SHCHUKIN
1971
The cases mainly concern the applicants’ complaints under Article 3 (alleged ill‑treatment by State agents and ineffective investigation of the relevant complaints). Some cases also concern other complaints under Articles 3, 5, 6 and 13 of the Convention.
Last letter from the applicant was received on 16/01/2018. The processing of the case was adjourned until 07/06/2023 at the Government’s request on the ground that the domestic file was in occupied territories (Donetsk Region). After the suspension decision had been lifted and the Government had provided observations, the applicant, whose last indicated address was in Lviv Region, was invited to provide his observations in response by 18/04/2024. As he did not reply to the Registry’s letter, on 22/05/2024 a letter with a strike-out warning was sent to him by registered mail.
On 20/06/2024 the letter was received by the applicant’s relative designated by him as his correspondence contact in his previous letter. No reply followed.
2.
48303/14
25/06/2014
Vladimir Vyacheslavovich MARETSKIY
1972
Yevgeniy Valeriyovych NADOLYA
Last correspondence from the applicants was received on 19/12/2016. On 06/06/2024 the applicants’ lawyer was requested to indicate to the Court whether he was still in contact with the applicants (who appear to have left the territory controlled by Ukraine and whose whereabouts are not known to the Court) and, if so, whether the applicants still supported the applications. The lawyer was warned of a striking-out possibility with reference to the Court’s judgment in the case of V.M. and Others v. Belgium (striking out) [GC], no. 60125/11, §§ 35-41, 17 November 2016).
Having received the letter on 01/07/2024, the lawyer has not replied.
3.
50470/14
02/07/2014
Viktor Ivanovich KOPYLOV
1973
4.
58420/14
15/08/2014
Aleksandr Nikolayevich CHORNYY
1970
5.
68055/14
12/10/2014
Vitaliy Vladimirovich CHERNYSHENKO
1974
Oleksandr Sergiyovych SHADRIN
Last correspondence from the applicant was received on 19/12/2016. On 06/06/2024 the applicants’ lawyer was requested to indicate to the Court whether he was still in contact with the applicant (who appears to have left the territory controlled by Ukraine and whose whereabouts are not known to the Court) and, if so, whether the applicant still supported the application. The lawyer was warned of a striking-out possibility with reference to the Court’s judgment in the case of V.M. and Others v. Belgium (striking out) [GC], no. 60125/11, §§ 35-41, 17 November 2016).
On 28/06/2024 the lawyer was granted his request for extension of the time-limit until 26/07/2024 in order to find the applicant. Following the letter informing the lawyer that the extension had been granted, which was downloaded by him on 30/06/2024 from the Court’s Electronic Communication Service (eComms), no further correspondence from the lawyer has been received.
6.
58077/14
11/08/2014
Sergey Gennadyevich GOCHAROV
1978
Mykhaylo Oleksandrovych TARAKHKALO
Last correspondence from the applicants was received on 19/12/2016. On 06/06/2024 the applicants’ lawyer was requested to indicate to the Court whether he was still in contact with the applicants (who appear to have left the territory controlled by Ukraine and whose whereabouts are not known to the Court) and, if so, whether the applicants still supported the applications. The lawyer was warned of a striking-out possibility with reference to the Court’s judgment in the case of V.M. and Others v. Belgium (striking out) [GC], no. 60125/11, §§ 35-41, 17 November 2016).
On 26/07/2024 the lawyer informed the Court that he was unable to establish contact with the applicants.
7.
69387/14
15/10/2014
Dmitriy Petrovich SVIRIDOV
1974
8.
69567/14
15/10/2014
Yevgeniy Vasilyevich PECHEGIN
1981
9.
71350/14
27/10/2014
Valekh Ilyas Ogly BAYRAMOV
1969
10.
51996/17
05/07/2017
Leonid Mykolayovych VORONYUK
1959
Last correspondence from the applicant was received on 03/10/2022. On 22/05/2024 the applicant was informed, by way of a registered letter, that the period allowed for submission of his observations in reply to those of the Government had expired on 06/09/2023. He was warned that the case may be struck out in the event that he would not reply. On 15/06/2024 the letter was delivered to the applicant personally. No reply has ensued.
11.
53693/18
31/10/2018
Sergiy Volodymyrovych LYALIKOV
1961
Andriy Vyacheslavovych SHKOLYAR
Last correspondence from the applicant was received on 26/01/2022. On 31/07/2024 the applicant’s lawyer was warned (by eComms) that the case may be struck out, as the time-limit for filing observations in response to those of the Government had expired on 10/07/2024. This letter was downloaded by the applicant’s lawyer on 02/08/2024. No reply has ensued.