FIFTH SECTION
DECISION
Application no. 60787/14
Lin YUAN
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 23 November 2023 as a Committee composed of:
Mārtiņš Mits, President,
Kateřina Šimáčková,
Mykola Gnatovskyy, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 30 August 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Lin Yuan, was born in 1986. His complaint under Article 1 of the Protocol No. 1 concerning the confiscation by the customs authorities of the undeclared cash he had carried across the border was communicated to the Ukrainian Government (“the Government”), which submitted observations on the admissibility and merits.
By letter of 22 December 2020 the applicant was requested to designate, by 2 March 2021, a representative before the Court. No reply followed.
On 5 May 2021 the Registry sent another letter to the applicant, by registered post, requesting him to designate a representative by 31 May 2021. The applicant’s 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 applicant received this letter on 25 May 2021. No reply was received to that letter.
By letter dated 26 July 2021, sent by registered post, the applicant was notified that the period allowed for submission of the requested information had expired on 31 May 2021 and that no extension of time had been requested. According to the mail tracking system, that letter was returned to the sender. The applicant never contacted the Court to indicate any change in his address or to inquire about his case.
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 14 December 2023.
Viktoriya Maradudina Mārtiņš Mits
Acting Deputy Registrar President
Full & Egal Universal Law Academy