MUKHA proti Ukrajině

FIFTH SECTION

DECISION

Application no. 40311/16
Bogdan Petrovych MUKHA
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 8 September 2022 as a Committee composed of:

Stéphanie Mourou-Vikström, President,

Ivana Jelić,

Kateřina Šimáčková, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 22 June 2016,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Bogdan Petrovych Mukha, is a Ukrainian national, who was born in 1977 and lives in Lutsk.

On 1 February 2021 the applicant’s complaint under Article 3 of the Convention concerning the effectiveness of the domestic investigation into his alleged ill-treatment by a superior officer during the contract military service was communicated to the Ukrainian Government (“the Government”). On the same date the Court informed the applicant about the necessity to be represented by an advocate at that stage of the proceedings and instructed him to appoint one. The applicant’s attention was drawn to the fact that in case of his failure to appoint a lawyer, the Court might conclude that he was no longer interested in pursuing the application and might decide to strike it out of its list of cases.

In the absence of any reply, the Court sent two further reminders to the applicant by registered post. According to the postal tracking information, the applicant received the two letters of the Court on 12 October 2021 and 27 January 2022, respectively. However, no response has followed.

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 29 September 2022.

Viktoriya Maradudina Stéphanie Mourou-Vikström
Acting Deputy Registrar President