FIFTH SECTION
DECISION
Application no. 17046/05
by Ilya Sergeyevich SHYTYAKOV
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 30 November 2010 as a Committee composed of:
Rait Maruste, President,
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 12 April 2005,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Ilya Sergeyevich Shytyakov, a Russian national who was born in 1961 and lives in Moscow. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev, of the Ministry of Justice.
The applicants complained under Article 6 § 1 of the Convention about the length of civil proceedings in a property dispute and under Article 1 of Protocol No. 1 of lengthy non-enforcement of the judgment given in his favour against a private person.
The applicant’s complaint under Article 6 § 1 concerning the length of the proceedings 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 observations in reply. However, the applicant failed to do so.
By letter dated 6 August 2010, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 14 June 2010 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 the letter on 19 August 2010. However, he did not reply to it.
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.
Stephen PhillipsRait Maruste
Deputy RegistrarPresident
Full & Egal Universal Law Academy