FIFTH SECTION
DECISION
Application no. 15723/06
Sergey Nikolayevich SPIRIDENKOV against Ukraine
and 3 other applications
(see list appended)
The European Court of Human Rights (Fifth Section), sitting on 3 September 2013 as a Committee composed of:
Boštjan M. Zupančič, President,
Ann Power-Forde,
Helena Jäderblom, judges
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above applications lodged on 7 April 2006, 10 October 2007, 19 November 2008 and 8 July 2009 respectively,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kultchytskyy, of the Ministry of Justice.
The applicants mainly complained of the prolonged non-enforcement of the domestic decisions in their favour. The complaints under Articles 6 § 1, 13 of the Convention and Article 1 of Protocol No. 1 were communicated to the Government.
By letters dated on different dates listed in the appendix, the Government informed the Registry that the applicants had died. A copy was sent to the applicants’ addresses for any comment. No reply was received.
By letters sent on 9 November 2012 by registered post to the deceased applicants’ addresses preceded by the mention ‘To whom it may concern’, the Registry notified the recipient that no reply had been received to the Court’s previous correspondence and a new time-limit for any comment was given. The readers’ 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. However, no response has been received.
THE LAW
The Court notes that the applicants have died and that no heir has declared that they wished to pursue the application. In the circumstances, it finds that it is no longer justified to continue the examination of the applications pursuant to Article 37 § 1 (c) 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 cases.
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.
Stephen PhillipsBoštjan M. Zupančič
Deputy RegistrarPresident
Appendix
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Date of the Government’s letter
15723/06
07/04/2006
Sergey Nikolayevich SPIRIDENKOV
02/08/1961
Ovruch
13/07/2011
45326/07
10/10/2007
Mykhaylo Tykhonovych NYKYTENKO
04/06/1936
Kyiv
21/07/2011
3306/09
19/11/2008
Sergey Nikolayevich SPIRIDENKOV
02/08/1961
Ovruch
13/07/2011
40500/09
08/07/2009
Dmitriy Nikolayevich VASILYEV
20/03/1930
Zaporozhye
02/12/2011
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