FIFTH SECTION

DECISION

Application no . 63147/13 Yuriy Sergeyevich MELNIK against Ukraine

The European Court of Human Rights ( Fifth Section ), sitting on 31 May 2016 as a Committee composed of:

André Potocki , President, Ganna Yudkivska , Síofra O ’ Leary , judges,

and Milan Blaško , Deputy Section Registrar ,

Having regard to the above application lodged on 3 September 2013 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Yuriy Sergeyevich Melnik , is a Ukrainian national, who was born in 1983 and , at the time of introduction of the application, was detained in the Kirovograd pre-trial detention centre .

The Ukrainian Government (“the Government”) were represented , most recently, by their Acting Agent, Ms Davydchuk of the Ministry of Justice .

The applicant complained under Article 5 § 1 of the Convention that between 15 and 23 April 2013 he had been detained without a valid court decision . Further, relying on Article 5 § 3 of the Convention, the applicant complained that the court decisions concerning his pre-trial detention had not been based on relevant and sufficient reasons .

These complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. The Court ’ s letter returned undelivered with a remark that the recipient was “unknown” at the given address.

The applicant did not inform the Court of any change in his address for correspondence.

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 23 June 2016 .

Milan BlaÅ¡ko André Potocki              Deputy Registrar President