European Court of Human Rights
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Cite as: [2011] ECHR 1933
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FIFTH SECTION
DECISION
Application no.
48864/06
by Boris Maksimovich KUROCHKA
against
Ukraine
The European Court of Human Rights (Fifth Section), sitting on 11 October 2011 as a Committee composed of:
Boštjan
M. Zupančič,
President,
Ganna
Yudkivska,
Angelika
Nußberger,
judges,
and Stephen Phillips,
Deputy Section
Registrar,
Having regard to the above application lodged on 18 November 2006,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Boris Maksimovich Kurochka, is a Ukrainian national who was born in 1946 and lives in Krasnaya Polyana. The Ukrainian Government (“the Government”) were represented by their Agent, Mrs V. Lutkovska, from the Ministry of Justice.
The applicants complained under Article 6 § 1 of the Convention about his absence throughout the civil proceedings to which he had been a party.
The applicant’s complaint was 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.
By letter dated 18 May 2011, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 15 April 2011 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 31 May 2011. 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 Boštjan M.
Zupančič
Deputy Registrar President