European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 8605/06
Andriy Ivanovych PORYADYUCHENKO
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 27 March 2012 as a Committee composed of:

Mark Villiger, President,
Karel Jungwiert,
André Potocki, judges,
and Stephen Phillips, Deputy Section Registrar,

Having regard to the above application lodged on 11 February 2006,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Andriy Ivanovych Poryadyuchenko, is a Ukrainian national who was born in 1987 and lives in Kirovograd. He was represented before the Court by his mother Mrs L. Poryadyuchenko. The Ukrainian Government (“the Government”) are represented by their Agent, Mrs V. Lutkovska, from the Ministry of Justice.

The applicant’s complaint under Article 6 § 3 (c) of the Convention was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant’s representative, who was invited to submit observations on the applicant’s behalf. No reply was received to the Registry’s letter.

By letter dated 12 October 2011, sent by registered post, the applicant and his representative were notified that the period allowed for submission of the observations had expired on 23 September 2011 and that no extension of time had been requested. Their 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 and his representative received this letter on 22 October 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 Mark Villiger
Deputy Registrar President