FIFTH SECTION
DECISION
Application no. 32566/08
Volodymyr Petrovych IVANISHEN
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 28 November 2017 as a Committee composed of:
Nona Tsotsoria, President,
Síofra O’Leary,
Lәtif Hüseynov, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above application lodged on 7 July 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Volodymyr Petrovych Ivanishen, is a Ukrainian national, who was born in 1972 and lives in Chernivtsi. He was represented before the Court by Ms G.V. Nazarova, a lawyer practising in Chernivtsi.
2. The applicant’s complaints concerning alleged ill-treatment during arrest and in custody and his allegedly unlawful detention were communicated to the Ukrainian Government (“the Government”), who were represented by their Agents, most recently, Mr I. Lishchyna of the Ministry of Justice.
3. The applicant failed to respond to the Registry’s last letter of 18 January 2017 (received by his representative on 6 February 2017), reminding him that the period allowed for submission of his observations in reply had expired on 25 August 2016 and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention.
THE LAW
4. The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, 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 case.
5. 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.
Done in English and notified in writing on 21 December 2017.
Anne-Marie DouginNona Tsotsoria
Acting Deputy RegistrarPresident
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