FIFTH SECTION

DECISION

Application no. 20899/09 Yasaman Atabala Kyzy MAMEDOVA against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 5 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 8 April 2009 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Yasaman Atabala Kyzy Mamedova , was born in 1967.

The applicant complained, in particular, under Article 6 § 3 (b) of the Convention about the lack of sufficient time and facilities for the preparation of her defence within administrative (minor) offence proceedings against her, as well as under Article 2 § 1 of Protocol No. 7 about the lack of an appeal in those proceedings.

On 3 April 2019 notice of the above complaints was given to the Ukrainian Government, and the remainder of the application was declared inadmissible pursuant to Rule 54 § 3 of the Rules of Court. The Court informed the applicant about the necessity to be represented by an advocate at that stage of the proceedings. She was instructed to appoint an advocate by 17 June 2019.

On 13 August 2019 the Court wrote to the applicant that she had not complied with the above-mentioned instruction. Her attention was drawn to Rule 36 §§ 2 and 4 of the Rules of Court regarding the mandatory legal representation at that stage of the proceedings. The new deadline for the applicant to appoint an advocate was set for 20 September 2019.

In the absence of any reply, on 11 March 2020 the Court sent her another reminder about that requirement, this time by registered post. The applicant received that letter on 22 April 2020, but did not reply to it.

On 3 July 2020 the Court sent another letter to the applicant by registered post, warning her that, in case of her failure to appoint a lawyer, the Court might conclude that she was no longer interested in pursuing the application and might decide to strike it out of its list of cases. The applicant was instructed to appoint an advocate or, if she wished, to request authorisation to be self ‑ represented by 1 September 2020. 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 postal tracking information, the applicant received the Court ’ s letter on 21 July 2020. However, there has been no response to it.

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 26 November 2020 .

Liv Tigerstedt Ivana Jelić Acting Deputy Registrar President