FIFTH SECTION
DECISION
Application no. 16672/15
Sergiy Mykolayovych SKUZ
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 21 January 2021 as a Committee composed of:
Ivana Jelić, President,
Ganna Yudkivska,
Arnfinn Bårdsen, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 27 March 2015,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Sergiy Mykolayovych Skuz, was born in 1985.
The applicant was represented by Ms V. Mykhaylenko, a lawyer practising in Kyiv.
The applicant’s complaints under Article 5 § 3 of the Convention, concerning the alleged lack of justification for his pre-trial detention were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant’s representative, who was invited to submit observations on behalf of the applicant. No reply was received to the Registry’s letter.
By letter dated 10 May 2019 the applicant’s representative was notified that the period allowed for submission of the observations had expired on 22 March 2019 and that no extension of time had been requested. A warning that the application could be struck out if there was no response was included in the letter. No reply followed.
By letter dated 13 September 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 22 March 2019 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 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. A copy of the Court’s letter sent to the applicant’s representative was enclosed. This letter was returned back to the Court as unclaimed. Telephone contacts indicated by the applicant appeared to be out of service.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the 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 11 February 2021.
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Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy