FIFTH SECTION

DECISION

Application no. 23730/11 Nazariy Yaroslavovych POLOVYCH 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 6 April 2011 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Nazariy Yaroslavovych Polovych, was born in 1986.

He was represented before the Court by Ms Z. K. Shevchenko, a lawyer practising in Kyiv.

The applicant ’ s complaints under Article 5 §§ 1, 2, 3 and 4 of the Convention concerning his arrest and pre-trial detention in the course of the criminal proceedings against him , as well as his complaints raised under Articles 6 § 1 and 13 of the Convention concerning the excessive length of criminal proceedings 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 2 February 2016, sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of the applicant ’ s observations had expired on 30 March 2015 and that no extension of time had been requested. Her 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 applicant ’ s representative was also requested to inform the Court before 1 March 2016 whether the applicant wished to maintain his application.

The letter was delivered on 11 February 2016. However, no response has been received from the applicant ’ s representative.

A letter in the same terms was sent by registered post to the applicant ’ s home address on 10 November 2016 and he was requested to inform the Court before 12 December 2016 whether he wished to maintain his application .

The letter was delivered on 26 November 2016. To date, no reply has been received from the applicant.

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