FIFTH SECTION

DECISION

Application no . 6379/12 Vladimir Vladimirovich SKLYAROV against Ukraine

The European Court of Human Rights ( Fifth Section ), sitting on 3 December 2015 as a Committee composed of:

Khanlar Hajiyev , President, André Potocki , Síofra O ’ Leary , judges, and Hasan Bakırcı , Acting Deputy Section Registrar,

Having regard to the above application lodged on 5 December 2011 ,

H aving deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Vladimir Vladimirovich Sklyarov , is a Ukrainian national, who was born in 1966 and was detained in Kharkiv SIZO .

The Ukrainian Government (“the Government”) were represented by their Agent, most recently Mr Borys Babin , of the Ministry of Justice .

The applicant complained under Article 3 of the Convention about the inadequate conditions of his detention in Kharkiv SIZO .

On 2 July 2015 t he applicant ’ s complaints concerning the conditions of his detention were communicated to the Government.

By letter dated 10 July 2015 , sent by registered post, the applicant was notified that notice of part of his application was given to the Government of Ukraine and that the remainder of his application was declared inadmissible.

On 25 August 2015 the letter sent to the applicant returned undelivered ( inconnu ) with a remark on the envelope stating that the applicant was no longer at Kharkiv SIZO.

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 7 January 2016 .

Hasan Bakırcı Khanlar Hajiyev Acting Deputy Registrar President