European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/2180.html
Cite as: [2010] ECHR 2180
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FIFTH SECTION
DECISION
Application no.
22416/05
by Andriy Yuriyovych KARPYSH
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 7 December 2010 as a Committee composed of:
Mark
Villiger,
President,
Karel
Jungwiert,
Isabelle
Berro-Lefèvre,
judges,
and Stephen Phillips,
Deputy Section Registrar,
Having regard to the above application lodged on 4 June 2005,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Andriy Yuriyovych Karpysh, a Ukrainian national who was born in 1983 and lives in Kyiv, Ukraine. He is represented before the Court by Mr Mykola Pereverzev, a lawyer practising in Kyiv. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev.
The applicant complained under Articles 5 § 1(c) and 5 § 1 of the Convention about unlawfulness and length of his pre-trial detention. He further complained under Article 6 § 1 of the Convention about the unfair outcome of the criminal proceedings against him and invoked Article 1 of the Convention to the facts of the present case.
The applicant’s complaints concerning unlawfulness and length of his pre-trial detention were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter. The last correspondence from the applicant’s representative was received on 22 February 2007.
By letters dated 29 July 2010, sent by registered post, the applicant’s representative and the applicant himself were notified that the period allowed for submission of the applicant’s observations had expired on 1 June 2010 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’s mother received this letter on 4 August 2010. The applicant’s representative received this letter on 7 September 2010. However, no response has been received.
THE LAW
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.
Stephen Phillips Mark Villiger
Deputy Registrar President
