FIFTH SECTION
DECISION
Application no. 58665/13
Gagik Serezhayevich TOVMASYAN
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 15 February 2018 as a Committee composed of:
André Potocki, President,
Síofra O’Leary,
Mārtiņš Mits, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 2 September 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Gagik Serezhayevich Tovmasyan, was born in 1984.
He was represented before the Court by Mr D.I. Medvedskiy, a lawyer practising in Donetsk.
The applicant’s complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”).
By letters dated 5 October 2017, sent by registered post to the applicant’s representative who had provided a contact address outside the occupied territories in the east of Ukraine, as well as to the applicant’s home address, the applicant was requested to provide further information about the domestic proceedings before 6 November 2017. The attention of the applicant and his representative 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 letters were delivered on 24 October and 4 November 2017 respectively. However, no response has been received from any of them.
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 8 March 2018.
Liv TigerstedtAndré Potocki
Acting Deputy RegistrarPresident
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