FOURTH SECTION
DECISION
Application no. 49932/11
Vitaliy Ivanovich ZEMLYANSKIKH against Ukraine
and 2 other applications
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 4 April 2017 as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Kūris,
Gabriele Kucsko-Stadlmayer, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. A list of the applicants is set out in the appendix.
2. The Ukrainian Government (“the Government”) were represented by their Agents, Mr B. Babin, Ms O. Davydchuk and Mr I. Lishchyna, from the Ministry of Justice.
3. The first applicant complained under Articles 3 and 13 of the Convention that he had been ill-treated by police officers and had no effective remedies in that respect.
4. The second applicant complained under Articles 5 §§ 1, 3 and 5 of the Convention about her allegedly unlawful pre-trial detention, its review following her appeal and the impossibility to claim compensation in that respect.
5. The third applicant complained under Articles 2 and 3 of the Convention that he had not had adequate medical treatment during his pre-trial detention.
6. The applicants’ complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letters in respect of the first and second applicants.
7. On 25 July 2016 the representative of the third applicant replied that the applicant had died (without providing any supporting documents) and that additional time was required to inform the Court whether the applicant’s relatives wished to maintain the application. By letter of 21 July 2016, the representative was informed that the requested extension of time had been granted. No further information was provided by the representative.
8. By letters dated respectively 8 June, 7 April and 16 November 2016, sent by registered post, the first applicant and the representatives of the second and third applicants were notified that the period allowed for submission of their observations had expired on 16 March, 21 January and 4 August 2016 respectively, and that no extension of time had been requested. The attention of the applicants and their representatives was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The letters were delivered to the first applicant and to the representatives of the second and third applicants on 16 June, 19 April and 7 December 2016 respectively. However, no response has been received.
THE LAW
9. The Court orders the joinder of the present applications pursuant to Rule 42 § 1 of the Rules of Court.
10. The Court considers that, in these circumstances, the first and the second applicants and the heirs of the third applicant may be regarded as no longer wishing to pursue their 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.
11. 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 4 May 2017.
Andrea TamiettiVincent A. De Gaetano
Deputy RegistrarPresident
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Nationality
Represented by
49932/11
01/08/2011
Vitaliy Ivanovich ZEMLYANSKIKH
22/03/1957
Gomel
Russian
2371/13
28/12/2012
Anna Valeryevna BULAVKA
19/05/1983
Odessa
Ukrainian
Aleksey Olegovych GLAZOV
77332/13
10/12/2013
Roman Vasylyovych PSHONKA
28/03/1988
Date of demise unknown
Cherkasy
Ukrainian
Andriy Valeriyovych KULAKOV
Full & Egal Universal Law Academy