FIFTH SECTION
DECISION
Application no.
3831/08
by Volodymyr Oleksiyovych MAZUR
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 16 March 2010 as a Chamber composed of:
Peer
Lorenzen,
President,
Renate
Jaeger,
Rait
Maruste,
Mark
Villiger,
Mirjana
Lazarova Trajkovska,
Zdravka
Kalaydjieva,
judges,
Mykhaylo
Buromenskiy, ad
hoc judge,
and
Claudia Westerdiek, Section
Registrar,
Having regard to the above application lodged on 15 January 2008,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Volodymyr Oleksiyovych Mazur, a Ukrainian national who was born in 1936 and lives in Trostyanets. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev. The applicant complained under Articles 6 § 1, 13 and 17 of the Convention about non-enforcement of a judgment in his favour.
The applicant’s complaint was communicated under Article 6 § 1 to the Government, who submitted their observations on the admissibility and merits of the case on 30 April 2009. By a letter of 22 May 2009 the applicant was invited to submit his observations in reply together with any claims for just satisfaction by 3 July 2009. However, the applicant failed to do so. Moreover, he failed to respond to a registered letter dated 23 September 2009 warning the applicant of the possibility that his case might be struck out of the Court’s list.
THE LAW
Having regard to Article 37 § 1 (a) of the Convention, the Court concludes that the applicant does not intend to pursue the application. 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 application.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia Westerdiek Peer Lorenzen
Registrar President