BORODIN proti Ukrajině

FIFTH SECTION

DECISION

Application no. 6783/21
Oleg Dmytrovych BORODIN

against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 14 December 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 20 January 2021,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Oleg Dmytrovych Borodin, was born in 1988. He was represented by Mr O.V. Vavrenyuk, a lawyer practising in the town of Pyatykhatky, Ukraine.

The applicant’s complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”).

On 6 July 2021 the Government, in their observations, informed the Court that the applicant had died on 25 May 2021. By a letter dated 20 December 2021, the applicant’s representative requested additional time from the Court to locate the applicant’s heirs. The new time-limit was set for 31 January 2022. However, no new information has been received since then.

On 19 January 2023, by a letter sent via the Court’s Electronic Communication Service (eComms), the attention of the applicant’s representative 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 letter had been downloaded on 24 January 2023; however, no response has been received by the Court.

THE LAW

In the light of the foregoing, the Court concludes that the applicant’s heirs, if any, do not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention.

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 18 January 2024.

Viktoriya Maradudina Mārtiņš Mits
Acting Deputy Registrar President