THIRD SECTION

DECISION

Application no. 24822/09 Viktor Grigoryevich KOVALENKO against Russia

The European Court of Human Rights (Third Section), sitting on 20 May 2021 as a Committee composed of:

Darian Pavli, President, Dmitry Dedov , Peeter Roosma, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 17 November 2008 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Viktor Grigoryevich Kovalenko, was born in 1976.

The applicant ’ s complaints under Article 8 of the Convention concerning the allocation or transfer to a remote penal facility irrespective of family life considerations were communicated to the Russian Government (“the Government”) .

By letter dated 4 December 2020, sent by registered post, the applicant was notified that the period allowed for submission of the requested information had expired on 25 September 2020 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.

As of 28 December 2020, following the failed delivery attempt, the letter was stored at a local post office for the applicant to collect. On 28 January 2021 the post office returned the letter to the Court as uncollected.

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.

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 10 June 2021 .

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Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President