59332/11, BODNARUK v. UKRAINA - Decyzja Europejskiego Trybunału Praw Człowieka

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Decyzja Europejskiego Trybunału Praw Człowieka z dnia 4 kwietnia 2019 r. 59332/11

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0404DEC005933211

FIFTH SECTION

DECISION

Application no. 59332/11

Volodymyr Bogdanovych BODNARUK

against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 4 April 2019 as a Committee composed of:

Síofra O'Leary, President,

Mārtiņš Mits,

Lado Chanturia, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 15 September 2011,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The applicant, Mr Volodymyr Bogdanovych Bodnaruk, was born in 1983 and lives in Tlumach.

The applicant's complaints concerning Article 3 of the Convention (ill-treatment in police custody) as well as under Article 6 §§ 1 and 3 (c) (unfair trial and breach of defence rights) were communicated to the Ukrainian Government ("the Government").

On 25 April 2018 the Court requested the applicant to assign, by 4 July 2018, a lawyer to represent his interests before the Court and to inform the Court accordingly. The letter was sent to his father's address in accordance with the applicant's request. No response has been received from the applicant.

By letter dated 8 November 2018, sent by registered post to the address he had provided, the applicant was notified that the time-limit set for assigning a lawyer had expired on 1 October 2018 and that no extension of time had been requested. The applicant was given another time-limit to submit a duly filled authority form, by 6 December 2018. His 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 delivered on 23 November 2018 but remained unanswered.

In a last attempt, on 20 December 2018 the Registry contacted the applicant's contact person (his father) by telephone. The telephone call was answered by the applicant's sister who informed the Court that the applicant's father had died and the applicant was not at home at that moment. She confirmed that they had received the Court's letter of 8 November 2018 but had not managed to find a translator to translate it. She was advised to inform the applicant that, in case he still wished to pursue his application before the Court, he should inform the Registry as soon as possible in writing about the relevant difficulties and to request the Court to give more time to find and appoint a representative. However, to date, no response has been received from the applicant.

Uzasadnienie prawne

THE LAW

In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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.

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 9 May 2019.

Liv Tigerstedt

Síofra O'Leary

Acting Deputy Registrar

President