FIFTH SECTION
DECISION
Application no. 49697/17
Valeriy Fedorovych SHMATOK
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 14 February 2019 as a Committee composed of:
Síofra O’Leary, President,
Mārtiņš Mits,
Lado Chanturia, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 3 July 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Valeriy Fedorovych Shmatok, was born in 1964 and lived in Velyka Dymerka. He died in 2017. His daughter, Ms Yuliya Valeriyivna Shmatok, expressed her wish to pursue her father’s application.
The applicant’s complaints under Article 6 § 1 of the Convention, concerning the lack of an opportunity to comment on the appeal in court proceedings to which he was a party, were communicated to the Ukrainian Government (“the Government”).
By letter dated 8 October 2018, sent by registered post, the applicant’s daughter was notified that the period allowed for submission of her observations had expired and that no extension of time had been requested. She was given a new deadline by 20 November 2018.
Her attention was drawn to Article 37 § 1 (a) of the Convention, which 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. This letter was received by the addressee on 20 October 2018. However, no response has been received.
THE LAW
In the light of the foregoing, and leaving aside the question whether the applicant’s heir would have been recognised as having locus standi to pursue his Article 6 complaint, she may be regarded as no longer wishing, in any event, 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 7 March 2019.
Liv TigerstedtSíofra O’Leary
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy