FIFTH SECTION

DECISION

Application no. 44471/13 Yaroslav Volodymyrovych KONDRATYUK against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 19 November 2020 as a Committee composed of:

Ivana Jelić , President, Ganna Yudkivska , Arnfinn Bårdsen , judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 4 July 2013 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Yaroslav Volodymyrovych Kondratyuk , was born in 1982.

He was represented by Mr T. Kalmykov , a lawyer practising in Kharkiv .

The applicant ’ s complaints under Article 6 §§ 1 and 3 (d) of the Convention concerning the right to examine witnesses were communicated to the Ukrainian Government (“the Government”) .

By letter dated 18 December 2019 and sent through the Court ’ s Electronic Communications Service ( eComms ) to the applicant ’ s lawyer, he was invited to submit observations in reply to those of the Government and his claims for just satisfaction by 27 January 2020.

Since there was no reply, by letter dated 18 June 2020, sent through eComms , the applicant ’ s lawyer was notified that the period allowed for submission of the requested observations and claims had expired and that no extension of time had been requested. 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 applicant ’ s lawyer downloaded the Registry ’ s letter on the same day. However, no response has been received.

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 10 December 2020 .

Liv Tigerstedt Ivana Jelić Acting Deputy Registrar President