FIFTH SECTION
DECISION
Application no. 5943/10
Sergiy Volodymyrovych SYLEVYCH
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 24 May 2018 as a Committee composed of:
Yonko Grozev, President,
Gabriele Kucsko-Stadlmayer,
Lәtif Hüseynov, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 22 January 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Sergiy Volodymyrovych Sylevych, was born in 1984.
He was represented before the Court by Ms G. I. Byelakhovska, a lawyer practising in Kyiv.
The applicant’s complaints under Article 5 §§ 1-5 of the Convention concerning his arrest and detention between 14 November 2009 and 16 January 2010 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 in reply by 8 March 2017. No answer was received.
By letters dated 10 and 12 April 2017 respectively, sent by registered post both to the applicant’s representative and the applicant, they were notified that the period allowed for submission of the applicant’s observations had expired on 8 March 2017 and that no extension of time had been requested. Their 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 letter was delivered to the applicant’s representative on 4 May 2017. The letter sent to the applicant returned back undelivered, the applicant having failed to collect it from the post office.
On 12 July 2017, the applicant’s representative informed the Registry by phone that she no longer had any contact with the applicant and did not know where he lived.
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 14 June 2018.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
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