FIFTH SECTION
DECISION
Application no. 39392/17
Teymuraz Islamovich SUBELIANI
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 15 November 2018 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 26 May 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Teymuraz Islamovich Subeliani, was born in 1977 and is detained in prison in Kyiv.
He was represented before the Court by Mr O.A. Baydyk, a lawyer practising in Kyiv.
The applicant’s complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Ukrainian Government (“the Government”).
On 1 February 2018 the Government informed the Court that the applicant, by a letter of 24 November 2017, had notified the Government that he did not wish to maintain his application. In his letter, a copy of which the Government provided, the applicant wrote that he had revoked Mr Baydyk’s power of attorney in August 2017 and that he had not authorised him to lodge an application to the Court. The letter also stated that the applicant wished to withdraw any applications submitted to the Court on his behalf by his representative. The applicant had asked the Government to send the above letter to the Court.
On 27 February 2018, a copy of the above letter was forwarded to both the applicant and his representative, who were requested to submit their comments by 30 March 2018. No reply was received. In a telephone conversation with the Registry, on 4 May 2018, Mr Baydyk explained that he no longer represented the applicant.
By letters dated 31 July 2018, sent by registered post, the applicant and his representative were notified that the period allowed for submission of their comments had expired. Their 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. The letter to the applicant also contained a copy of the Court’s previous letter in Ukrainian. The letters to the applicant and his representative were received on 10 August 2018 by the prison administration and by Mr Baydyk’s proxy, respectively. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing 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 6 December 2018.
Liv TigerstedtSíofra O’Leary
Acting Deputy RegistrarPresident
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