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DROZDOV v. UKRAINE

Doc ref: 2593/09 • ECHR ID: 001-182369

Document date: March 22, 2018

  • Inbound citations: 1
  • Cited paragraphs: 0
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DROZDOV v. UKRAINE

Doc ref: 2593/09 • ECHR ID: 001-182369

Document date: March 22, 2018

Cited paragraphs only

FIFTH SECTION

DECISION

Application no. 2593/09 Vladimir Alekseyevich DROZDOV against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 22 March 2018 as a Committee composed of:

André Potocki, President, Síofra O ’ Leary, Mārtiņš Mits, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 17 December 2008 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Vladimir Alekseyevich Drozdov, was born in 1959 and was detained in prison in Kharkiv.

The applicant ’ s complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) , who submitted observations on the admissibility and merits.

By letter dated 17 November 2015, the applicant ’ s attention was drawn to Rule 36 §§ 2 and 4 of the Rules of Court, according to which an applicant needs to be represented by an “advocate” before the Court at this stage of the proceedings. Thus, he was requested to submit a duly completed power of attorney before 26 January 2016. No answer was received from the applicant.

By letter dated 30 March 2016, the applicant was again invited to submit a duly completed power of attorney before 27 April 2016 or to inform the Registry whether he wished to present his case by himself according to Rule 36 §§ 2 and 4.

By letter dated 3 November 2016, sent by registered post, the applicant was notified that the period allowed for submission of a power of attorney had expired and that no extension of time had been requested. He was nevertheless granted a new time-limit until 2 December 2016. At the same time, the applicant ’ s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The letter was returned to the Registry undelivered with a mention that the applicant had moved.

By letter dated 8 December 2016, the Government was requested to inform the Court whether the applicant was still detained in the Kharkiv prison or any other detention facility. On 11 January 2017 the Government informed the Registry that the applicant had been released from custody on 17 February 2014 and was not currently detained in any of the institutions of the State Criminal-Executive Service of Ukraine.

The home address the applicant had provided in his application form is incomplete and his last correspondence dates back to early 2014. Since then the applicant has not informed the Registry either about his release from detention or a change of his contact address.

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 12 April 2018 .

Liv Tigerstedt André Potocki Acting Deputy Registrar President

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