by Konstantin Mitrofanovich YURCHENKO
The European Court of Human Rights (Fifth Section), sitting on 17 November 2009 as a Chamber composed of:
Zdravka Kalaydjieva, judges,
Mykhaylo Buromenskiy, ad hoc judge,
and Claudia Westerdiek, Section Registrar,
Having regard to the above application lodged on 31 May 2005,
Having deliberated, decides as follows:
The applicant, Mr Konstantin Mitrofanovich Yurchenko, is a Ukrainian national who was born in 1939 and lives in Shakhtarsk. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev.
The applicant complained under Article 6 § 1 of the Convention about non-enforcement of the judgment of 10 January 1999 given by the Shakhtarsk Court.
On 15 October 2008, the President of the Fifth Section decided, under Rule 54 § 2 (b) of the Rules of Court, to communicate the application to the Government of Ukraine.
By a letter of 26 February 2009 the Government’s observations were sent to the applicant, who was requested to submit any observations in reply by 9 April 2009, together with any claims for just satisfaction. The applicant failed to reply.
By a letter of 6 May 2009, sent by registered mail, the applicant was reminded that the period allowed for submission of his observations had expired on 9 April 2009 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 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 applicant received this letter on 13 May 2009. However, no response has been received.
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. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia Westerdiek Peer Lorenzen