FIFTH SECTION
DECISION
Application no. 41849/05
by Nikolay Nikolayevich TOMACHENKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 22 June 2010 as a Chamber composed of:
Peer Lorenzen, President,
Karel Jungwiert,
Rait Maruste,
Mark Villiger,
Isabelle Berro-Lefèvre,
Zdravka Kalaydjieva,
Ganna Yudkivska, judges,
and Claudia Westerdiek, Section Registrar,
Having regard to the above application lodged on 7 November 2005,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Nikolay Nikolayevich Tomachenko, a Ukrainian national who was born in 1957 and lived in Mykolayivka. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev. The application mainly concerned the length of the criminal proceedings against the applicant. The applicant invoked Article 6 § 1 of the Convention. He also raised a number of other complaints under Articles 1, 3, 5, 6, 7 and 13 of the Convention.
Notice of the complaint concerning the length of the proceedings was given to the Government which submitted their observations on the admissibility and merits of the case on 15 October 2009. By a letter of 28 October 2009 the applicant was invited to submit his observations in reply together with any claims for just satisfaction by 9 December 2009. However, the applicant failed to do so. Moreover, he failed to respond to a registered letter dated 1 February 2010 warning the applicant of the possibility that his case might be struck out of the Court's list. According to the acknowledgement of receipt slip, that letter was not delivered due to the applicant's death. The Court has no information about any person who would express an intention and would be entitled to pursue the application.
THE LAW
In the light of the foregoing, the Court concludes that the conditions in which a case may be struck out of its list, as provided in Article 37 § 1 of the Convention, have been satisfied.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
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