FIFTH SECTION

DECISION

Application no. 66156/09 Yuriy Mykolayovych SHADYMOV against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 13 February 2018 as a Committee composed of:

Yonko Grozev , President, Gabriele Kucsko-Stadlmayer , Lado Chanturia , judges,

and Anne-Marie Dougin , Acting Deputy Section Registrar ,

Having regard to the above application lodged on 7 December 2009,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Yuriy Mykolayovych Shadymov , is a Ukrainian national, who was born in 1971 and lives in the Cherkasy region.

The applicant ’ s complaints under Article 3 and Article 6 §§ 1 and 3 of the Convention (alleged ill-treatment by the police in 2005 and unfair trial) were communicated to the Ukrainian Government (“the Government”), who were represented by their Agent, Mr I. Lishchyna , of the Ministry of Justice .

The Government submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his observations in reply. No answer was received.

By letters dated 31 August 2017 , sent by registered post to different addresses indicated by the applicant, he was notified that the period allowed for submission of his observations had expired on 12 July 2017 and that no extension of time had been requested. His attention was drawn to Article 3 7 § 1 (a) of the Convention.

The letters were delivered respectively on 12 September, 23 September and 8 November 2017 . However, no response has been received.

THE LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of 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 its Protocols which require the continued examination of the case.

In view of the above, it is appropriate to strike the case 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 8 March 2018 .

             Anne-Marie Dougin Yonko Grozev Acting Deputy Registrar President