GLAVATYY v. UKRAINE
Doc ref: 2525/10 • ECHR ID: 001-209935
Document date: April 8, 2021
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FIFTH SECTION
DECISION
Application no. 2525/10 Vadym Viktorovych GLAVATYY against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 8 April 2021 as a Committee composed of:
Stéphanie Mourou-Vikström , President, Jovan Ilievski , Mattias Guyomar, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 4 January 2010 ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vadym Viktorovych Glavatyy , was born in 1976. According to the most recent information in the case file, he was serving a prison sentence in Ukraine. For the most part of the proceedings before the Court, his mother, initially indicated as his representative, corresponded with the Registry on his behalf.
The applicant ’ s complaints under Articles 3, 5, 6 and 13 of the Convention concerning the length of the criminal proceedings against him and the lawfulness and conditions of his detention between 14 June 2008 and 14 February 2015 were communicated to the Ukrainian Government (“the Government”) , who submitted observations on the admissibility and merits. The observations were forwarded to the applicant ’ s lawyer.
In October 2019 the applicant ’ s lawyer informed the Court that he would no longer represent the applicant in this case.
On 15 October 2019 the Registry sent a letter to the applicant requesting him to designate a representative by 11 November 2019. At the request of the applicant, this time-limit was extended to 20 January 2020.
By the letter dated 7 December 2020, sent by registered post, the applicant was notified that the period allowed for the appointment of a representative had expired on 20 January 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. According to the information on the postal service ’ s website, the applicant ’ s mother received this letter on 28 December 2020 . However, no response has followed.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the 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 29 April 2021 .
Viktoriya Maradudina Stéphanie Mourou-Vikström Acting Deputy Registrar President
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