FIFTH SECTION
DECISION
Applications nos. 52410/09 and 3746/10
Viktor Nikolayevich YEREMENKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 6 February 2018 as a Committee composed of:
André Potocki, President,
Mārtiņš Mits,
Lado Chanturia, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above applications lodged on 15 September and 18 December 2009 respectively,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Viktor Nikolayevich Yeremenko, is a Ukrainian national, who was born in 1960 and lives in Kyiv.
The applicant’s complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 were communicated to the Ukrainian Government (“the Government”), who were represented by their Agent, Mr I. Lishchyna, of the Ministry of Justice.
The Government submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his observations in reply. No answer was received.
By a letter dated 11 July 2017, sent by registered post to the applicant’s home address, the applicant was notified that the period allowed for submission of his observations had expired on 17 February 2017 and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention.
The letter was returned to the Registry on 13 September 2017 as undelivered, the applicant having failed to collect it from the local post office.
Another letter in the same terms dated 2 October 2017 was sent, by registered post, to another contact address the applicant had provided.
The letter was delivered 18 October 2017. However, no response has been received.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his applications, 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 cases.
In view of the above, it is appropriate to strike the cases 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 1 March 2018.
Anne-Marie DouginAndré Potocki
Acting Deputy RegistrarPresident
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