FIFTH SECTION

DECISION

Application no. 72185/13 Volodymyr Oleksandrovych KINDA against Ukraine

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

Gabriele Kucsko-Stadlmayer , President, Mārtiņš Mits , Lәtif Hüseynov , judges,

and Liv Tigerstedt , Acting Deputy Section Registrar,

Having regard to the above application lodged on 1 November 2013 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Volodymyr Oleksandrovych Kinda , was born in 1975.

The applicant was represented by Mr M.V. Krasyuk , a lawyer practising in Mykolayiv .

The applicant ’ s complaints under Article 5 §§ 1 and 3 of the Convention were communicated to the Ukrainian Government (“the Government”), who did not submit any observations on the admissibility and merits of the case.

By a letter of 8 April 2019 the Registry informed the applicant ’ s lawyer about the above and invited him to submit, by 30 April 2019, any observations and/or claims for just satisfaction on behalf of the applicant.

In the absence of any reply, on 17 July 2019, the Registry sent, by registered post, another letter, this time both to the applicant ’ s address indicated in the application form and to his lawyer. 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.

The postal service returned both above-mentioned letters to the Court: the one addressed to the applicant was returned with a note “wrong address ”, whereas the letter addressed to his lawyer was returned as unclaimed.

The applicant has never informed the Court of any change in his address or appointment of a new representative.

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 9 April 2020 .

Liv Tigerstedt Gabriele Kucsko-Stadlmayer Acting Deputy Registrar President