European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 7034/03
by Vyacheslav Aleksandrovich IVANOV
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 20 October 2009 as a Chamber composed of:

Peer Lorenzen, President,
Renate Jaeger,
Rait Maruste,
Isabelle Berro-Lefèvre,
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva, judges,
Mykhaylo Buromenskiy, ad hoc judge,
and Stephen Phillips, Deputy Section Registrar,

Having regard to the above application lodged on 13 February 2003,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Vyacheslav Aleksandrovich Ivanov, is a Ukrainian national who was born in 1959 and lives in Novogrodovka, Donetsk region. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev, from the Ministry of Justice.

On 2 August 2002 the applicant was arrested along with twelve other individuals and charged with violating work safety regulations. He was held in custody until his acquittal by the Dimitrovskiy Local Court on 29 December 2004.

The applicant raised a number of complaints under Articles 3, 5, 6, 13, 14 and 34 of the Convention.

THE LAW

The applicant did not reply to the Government’s observations and the Court letters of 3 February and 12 May 2009. The latter correspondence was sent by registered post and the applicant’s attention 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 Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, 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 case.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Stephen Phillips Peer Lorenzen
Deputy Registrar President