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KLIMENKO v. UKRAINE

Doc ref: 50873/10 • ECHR ID: 001-187873

Document date: October 25, 2018

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KLIMENKO v. UKRAINE

Doc ref: 50873/10 • ECHR ID: 001-187873

Document date: October 25, 2018

Cited paragraphs only

FIFTH SECTION

DECISION

Application no. 50873/10 Zoya Antonovna KLIMENKO against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 25 October 2018 as a Committee composed of:

Yonko Grozev, President, Gabriele Kucsko-Stadlmayer, Lәtif Hüseynov, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 16 August 2010 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Zoya Antonovna Klimenko, was born in 1951.

The applicant ’ s complaints under Article s 6 § 1 and 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) .

By letter dated 20 March 2018, the applicant was requested to submit, before 17 April 2018, updated information on the developments in the domestic proceedings. The letter was sent by DHL, as the applicant lives in Crimea, and delivered on 2 April 2018. No reply was received.

On 3 May 2018 another letter requesting the same information and the applicant ’ s comments on the Government ’ s observations was sent by DHL. The applicant was given another time-limit until 15 June 2018 to submit her reply. Her 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 received this letter on 21 May 2018. However, no response has been received.

THE LAW

In the light of the foregoing, t he Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued 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 15 November 2018 .

Liv Tigerstedt Yonko Grozev Acting Deputy Registrar President

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