KHAMRAYEV proti Ukrajině

FIFTH SECTION

DECISION

Application no. 8967/17
Gennadiy Viktorovych KHAMRAYEV
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 11 March 2021 as a Committee composed of:

Ivana Jelić, President,
Ganna Yudkivska,
Arnfinn Bårdsen, judges,

and Liv Tigerstedt, Deputy Section Registrar,

Having regard to the above application lodged on 18 January 2017,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Gennadiy Viktorovych Khamrayev, was born in 1980.

He was represented by Mr V.Y. Matsepura, a lawyer practising in Lviv.

The applicant’s complaints under Article 5 § 3 of the Convention concerning the alleged lack of justification of his pre-trial detention were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant’s representative, who was invited to submit observations on behalf of the applicant. No reply was received to the Registry’s letter.

By letter dated 10 May 2019, sent via the Court’s Electronic Communications Service (eComms), the applicant’s representative was notified that the period allowed for submission of the observations had expired on 5 March 2019 and that no extension of time had been requested. A warning that the application could be struck out if there was no response was included in the letter. No reply followed.

The applicant’s representative was contacted by telephone and explained the content of the Court’s letter and the procedure to be followed. However, again, no reply followed from the applicant’s representative.

By letter dated 13 September 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 5 March 2019 and that no extension of time had been requested. 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. A copy of the Court’s letter sent to the applicant’s representative was enclosed.

This letter was returned to the Court as unclaimed. The applicant has not informed the Registry of any other address where he could be reached.

Most recently, in February 2020, the Registry again telephoned the applicant’s representative regarding the case. No reply from the applicant’s representative was received.

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 1 April 2021.

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Liv Tigerstedt Ivana Jelić
Deputy Registrar President