FIFTH SECTION

DECISION

Application no. 5773/05 by Sergey Aleksandrovich MATATOV against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 16 March 2010 as a Chamber composed of:

Peer Lorenzen , President, Karel Jungwiert , Rait Maruste , Mark Villiger , Isabelle Berro-Lefèvre , Zdravka Kalaydjieva , judges, Mykhaylo Buromenskiy , ad hoc judge, and Claudia Westerdiek , Section Registrar ,

Having regard to the above application lodged on 15 February 2005 ,

Having deliberated, decides as follows:

THE FACTS

The application was lodged by Mr Sergey Aleksandrovich Matatov, a n Israeli national who was born in 1979 and is apparently serving a sentence in Israel . He is represented before the Court by Mr A.L. Lesovoy, a lawyer practising in Simferopol . The Ukrainian Government (“the Government”) are represented by their Agent, Mr Yu Zaytsev.

On 8 January 2009 the Court decided to communicate the complaints under Article 5 §§ 1 (e) and (f), 2, 4, 5 of the Convention concerning the applicant ’ s detention in Ukraine .

On 12 May 2009 the Government submitted their observations on the admissibility of the case . The observations were forwarded to the applicant ’ s representative , who was invited to submit his observations. No reply was received to the Registry ’ s letter.

By a letter dated 13 November 2009 , sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of observations had expired on 16 September 2009 and that no extension of time had been requested. The applicant ’ s representative ’ 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 applicant ’ s representative received this letter on 17 November 2009 . 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.

Claudia Westerdiek Peer Lorenzen Registrar President