FIFTH SECTION
DECISION
Application no. 49582/16
Rostislav Olegovich TOLSTENKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 28 May 2020 as a Committee composed of:
Lado Chanturia, President,
Ganna Yudkivska,
Anja Seibert-Fohr, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 7 October 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Rostislav Olegovich Tolstenko, was born in 1986.
The applicant’s complaint under Article 3 of the Convention concerning the ineffective investigation into his injuries inflicted by private parties was communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letter dated 13 February 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 13 November 2018 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. The delivery slip was returned to the Court with a notice that the letter had remained unclaimed.
On 27 November 2019 the Registry contacted the applicant by telephone and he confirmed that he had not received the letter of 13 February 2019 but that he wished to pursue his application.
On 16 December 2019 a copy of the letter of 13 February 2019 was sent to the applicant’s address, by registered post, and he was asked to confirm that he wished to pursue the case. According to the tracking number this letter was delivered by hand (personally) to the applicant on 30 January 2020. Nevertheless, to date, no reply has been received to the Registry’s letter.
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 18 June 2020.
Liv TigerstedtLado Chanturia
Acting Deputy RegistrarPresident
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