FIFTH SECTION
DECISION
Application no. 10295/09
Vyacheslav Mikhaylovich YALUNIN
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 20 February 2018 as a Committee composed of:
Erik Møse, President,
Síofra O’Leary,
Lәtif Hüseynov, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above application lodged on 29 January 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vyacheslav Mikhaylovich Yalunin, is a Ukrainian national, who was born in 1980 and between 2008 and 2011 served a prison sentence in Rayki.
On 11 January 2011 the Court, having noted that the application raises, in part, an issue of interference with the applicant’s right of individual application (Article 34 of the Convention) similar to that in Naydyon v. Ukraine, (no. 16474/03, §§ 68-69, 14 October 2010), decided to give notice of it to the Ukrainian Government (“the Government”), who were lastly represented by their Agent, Mr I. Lishchyna, of the Ministry of Justice. However, the Government were not at the time requested to submit written observations on the admissibility and merits of the application under Rule 54 § 2 (b) of the Rules of Court.
On 26 July 2013 two registered letters were sent to the contact addresses the applicant had provided, with a request for further information concerning the application. His attention was also drawn to Article 37 § 1 (a) of the Convention. The letters were returned to the Registry undelivered on 20 and 23 August 2013 respectively with a mention from the postal services that the applicant had moved. The last correspondence from the applicant dates back to 2010 and he failed to inform the Registry about a change of his address.
THE LAW
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.
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 22 March 2018.
Anne-Marie DouginErik Møse
Acting Deputy RegistrarPresident
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