FIFTH SECTION
DECISION
Applications nos. 17274/06 and 21263/06
Igor Vladimirovich TARABAYEV against Ukraine
and Viktoriya Vladimirovna PETRIK against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 23 August 2016 as a Committee composed of:
André Potocki, President,
Ganna Yudkivska,
Síofra O’Leary, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above applications lodged on 12 April 2006,
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, most recently, by their Agent, Mr I. Lishchyna.
The applicants complained, in particular, that they had sustained serious traumas as a result of the respondent State’s failure to protect their lives during an air show and that the ensuing criminal proceedings, in which they had acted as civil parties, had been excessively long. The applicants’ complaints were communicated to the Government under Articles 2 and 6 of the Convention and the Government submitted their observations on the admissibility and merits.
On 25 March 2015 the applicants were invited to appoint, by 27 April 2015, a new lawyer, as the lawyer representing them according to the power of attorney had not replied to the Court’s letters. No reply was received to the Registry’s letter.
By letters dated 8 October 2015, sent by registered post, the applicants were notified that the period allowed for the appointment of a new lawyer had expired and that no extension of time had been requested. The applicants’ 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 applicants do not intend to pursue the application. These letters were delivered to the applicants’ home address on 27 October 2015. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, 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 cases.
In view of the above, it is appropriate to join the applications and to strike them 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.
Done in English and notified in writing on 15 September 2016.
Milan BlaškoAndré Potocki
Deputy RegistrarPresident
Appendix
1. Application no. 17274/06
Igor Vladimirovich TARABAYEV, a Ukrainian national who was born in 1955 and lives in Lviv
2. Application no. 21263/06
Viktoriya Vladimirovna PETRIK, a Ukrainian national who was born in 2000 and lives in Lviv
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