LYSENKO v. UKRAINE
Doc ref: 47340/06 • ECHR ID: 001-158848
Document date: October 20, 2015
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FIFTH SECTION
DECISION
Application no . 47340/06 Oleksandr Ivanovych LYSENKO against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 20 October 2015 as a Committee composed of:
Boštjan M. Zupančič , President, Helena Jäderblom,
Aleš Pejchal, judges, and Milan Blaško, Deputy Section Registrar ,
Having regard to the above application lodged on 10 November 2006,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Oleksandr Ivanovych Lysenko, is a Ukrainian national, who was born in 1971 and lives in Poltava.
The Ukrainian Government (“the Government”) were represented by their Agent.
The applicant complained under Article 5 of the Convention about alleged unlawfulness of his administrative detention between 15 and 19 February 2001.
The applicant further complained under Article 6 of the Convention that he had not had a fair trial on account of his self-incrimination under duress and in the absence of legal assistance.
The applicant ’ s complaints under Articles 5 § 5 and 6 §§ 1 and 3 (c) of the Convention were communicated to the Government. At the same time the applicant was requested to appoint a legal representative before 8 July 2014. No reply was received to the Registry ’ s letter.
By letter dated 3 November 2014, sent by registered post, the applicant was notified that the period allowed for appointing a representative and submission of the completed authority form had expired on 8 July 2014 and that no extension of time had been requested. 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 Registry ’ s letter was delivered on 3 December 2014. 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 12 November 2015 .
Milan BlaÅ¡ko BoÅ¡tjan M. Zupančič Deputy Registrar President
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