European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/260.html
Cite as: [2011] ECHR 260
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FIFTH SECTION
DECISION
Application no.
32096/04
by Svetlana Pavlovna ROGALEVICH
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 18 January 2011 as a Committee composed of:
Mirjana
Lazarova Trajkovska,
President,
Zdravka
Kalaydjieva,
Julia
Laffranque,
judges,
and
Stephen Phillips, Deputy
Section Registrar,
Having regard to the above application lodged on 19 August 2004,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Ms Svetlana Pavlovna Rogalevich, a Ukrainian national who was born in 1951. She was represented before the Court by Mr V. Koval, a lawyer practising in Lyubashevka, the Odesa Region. According to the most recent information provided by the applicant’s lawyer on 10 May 2005, she was serving a seven years’ imprisonment sentence at the Odesa Colony expiring on 16 September 2009. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev, of the Ministry of Justice.
The applicant’s complaints under Article 6 § 1 taken together with Article 6 § 3 (d) of the Convention of unfairness of the criminal proceedings against her 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 her own observations. No reply was received to the Registry’s letter.
By letter dated 8 September 2010, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 29 June 2010 and that no extension of time had been requested. Her 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. This letter was received by the applicant on 16 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 her 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 Mirjana Lazarova
Trajkovska
Deputy Registrar President