Europejskiego Trybunału Praw Człowieka
z dnia 12 września 2019 r.
Application no. 40267/10
Borys Mavrovych BONDARENKO
The European Court of Human Rights (Fifth Section), sitting on 12 September 2019 as a Committee composed of:
André Potocki, President,
Yonko Grozev, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 3 July 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Borys Mavrovych Bondarenko, was born in 1960 and lives in Dnipro.
The applicant's complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1, concerning the quashing of the final judgment in the proceedings to which he had been the party, as well as the authorities' failure to enforce the final domestic decision and the lack of any effective remedy in domestic law in that respect, were communicated to the Ukrainian Government ("the Government").
On 26 April 2017 the Registry forwarded the Government's observations to the applicant requesting him to submit his observations in reply. No response was received to this letter.
By letter dated 5 April 2019, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 2 June 2017 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 an application 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 was returned to the Registry undelivered on 3 June 2019, the applicant having failed to collect it from the post office.
In the light of the foregoing, the Court concludes that the applicant does not wish to pursue the 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 the Protocols thereto which require the continued examination of the application.
Accordingly, the case should be struck out of the list.
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 3 October 2019.
Acting Deputy Registrar