FIFTH SECTION
DECISION
Application no. 66445/14
Volodymyr Meletiyovych VOLOSYUK
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 16 May 2024 as a Committee composed of:
Carlo Ranzoni, President,
Mārtiņš Mits,
María Elósegui, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 2 December 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Volodymyr Meletiyovych Volosyuk, was born in 1942. He was represented by Mr I. Babyuk, a lawyer practising in Khmelnytskyy.
The applicant’s complaints under Articles 3 and 11 of the Convention regarding his alleged ill-treatment by the police on 30 November 2013 and 18 February 2014 while he was participating in the Euromaidan (Maidan) protests, which are the subject of the Court’s well-established case-law (see Shmorgunov and Others v. Ukraine, nos. 15367/14 and 13 others, §§ 342, 358, 372, 391, 396, 417, 422 and 521, 21 January 2021) were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits.
By a letter of 17 May 2023 sent to the applicant’s representative via the Court’s Electronic Communication Service (eComms), the Registry invited him to submit observations on the admissibility and merits of the application. However, no response followed. In August 2023 the Registry contacted the applicant’s representative by phone, who confirmed his email address and was apprised of the need to reply to the Registry’s letter of 17 May 2023. To date, the Registry has not received any submissions from the applicant’s lawyer.
On 19 October 2023 the applicant’s representative was warned, via eComms, that the time-limit for submission of the observations had expired and that no extension had been requested. His 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 letter was not downloaded.
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 6 June 2024.
Viktoriya Maradudina Carlo Ranzoni
Acting Deputy Registrar President