Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 30 stycznia 2018 r.
15963/10

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2018:0130DEC001596310

FIFTH SECTION

DECISION

Application no. 15963/10

Kostyantyn Glibovych USOV

against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 30 January 2018 as a Committee composed of:

Erik Møse, President,

Síofra O'Leary,

Lә tif Hüseynov, judges,

and Anne-Marie Dougin, Acting Deputy Section Registrar,

Having regard to the above application lodged on 5 March 2010,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The applicant, Mr Kostyantyn Glibovych Usov, is a Ukrainian national, who was born in 1988 and lives in Kyiv.

The applicant's complaint under Article 10 of the Convention was communicated to the Ukrainian Government ("the Government"), who were represented by their Agent, Mr I. Lishchyna, of the Ministry of Justice.

By letter dated 14 February 2017 the applicant was requested under Rule 36 §§ 2 and 4 to be represented by a lawyer and submit a power of attorney before 24 April 2017. No answer was received.

On 5 May 2017 the Centre for Democracy and Rule of Law (CEDEM) based in Kyiv was granted leave by the President to intervene as a third party (Article 36 § 2 of the Convention and Rule 44 § 3 of the Rules of Court) and by a letter dated 12 May 2017 the applicant was informed about that decision. The letter was returned to the Registry undelivered on 22 June 2017 with a mention "unknown".

On 27 June 2017 the applicant was informed about that situation through the email address he had provided in his first correspondence to the Court, and invited to inform the Registry of his new postal address. No reply was received.

By letter dated 11 October 2017, sent by registered post, the applicant was notified that the period allowed for submission of a power of attorney had expired and a new time-limit was granted to him. 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 letter came back undelivered on 28 November 2017 with a mention "unknown". The last correspondence from the applicant dates back to 2010 and to date, he has not informed the Court about a change in his contact details.

Uzasadnienie prawne

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.

Sentencja

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 22 February 2018.

Anne-Marie Dougin

Erik Møse

Acting Deputy Registrar

President