FIFTH SECTION
DECISION
Applications nos. 26191/23 and 42174/23
Volodymyr Sergiyovych TOMASHEVSKYY against Ukraine
and Oleksandr Georgiyovych VINNICHENKO against Ukraine
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 7 May 2025 as a Committee composed of:
Diana Sârcu, President,
Kateřina Šimáčková,
Mykola Gnatovskyy, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
The applicants’ complaints under the Convention were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The applicants were required to submit their observations in reply. In application no. 26191/23, the applicant submitted his comments; however, in application no. 42174/23, the Court did not receive any reply. Subsequently, the applicants’ representatives informed the Registry that the applicants wanted to withdraw the applications before the Court since they were no longer interested in pursuing them (see appended table for details).
THE LAW
Having regard to the similar procedural conduct of the applicants, the Court finds it appropriate to examine them jointly in a single decision.
In the light of the foregoing, the Court concludes that the applicants 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 cases should be struck 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 28 May 2025.
Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President
APPENDIX
List of applications
No.
Application no.
Date of introduction
Applicant
Year of Birth
Representative’s name
Main complaints raised
Date of sending
Government’s
observations to
the applicant
Date of the applicant’s
withdrawal request
1.
26191/23
03/06/2023
Volodymyr Sergiyovych TOMASHEVSKYY
1969
Sergiy Mykolayovych RYBIY
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention
19/11/2024
(applicant’s comments received by the Court on 20/11/2024)
03/12/2024
2.
42174/23
30/11/2023
Oleksandr Georgiyovych VINNICHENKO
1992
Sergiy Oleksandrovych KULBACH
Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 6 (1) - excessive length of criminal proceedings;
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings;
Art. 5 (3) - excessive length of pre-trial detention.
30/07/2024
(applicant has not responded)
09/11/2024