FIFTH SECTION

DECISION

Application no . 35655/10 Tatyana Nikolayevna REBRAKOVA against Ukraine

The European Court of Human Rights ( Fifth Section ), sitting on 30 September 2014 as a Committee composed of:

Ann Power-Forde, President, Ganna Yudkivska, André Potocki, judges,

and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above application lodged on 23 June 2010 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Tatyana Nikolayevna Rebrakova , is a Ukrainian national, who was born in 1958 and lives in Bakhchysarai. She was represented before the Court by Mr A. V. Lesovoy , a lawyer practising in Simferopol .

The Ukrainian Government (“the Government”) were represented by their Agent, most recently Ms Nataly Sevostianova.

The applicant raised a number of complaints under Article 5 of the Convention regarding her pre-trial detention . Her communication with the Court was exclusively through her lawyer.

The Government were given notice of the application and submitted their observations on its admissibility and merits. The observations were forwarded to the applicant, who was invited to submit her own observations by 20 May 2013 . No reply was received to the Registry ’ s letter.

By letter dated 19 February 2014, sent by registered post , the Registry indicated to the applicant ’ s lawyer that almost a year had elapsed since the expiry of the time-limit for the applicant ’ s observations and that no extension of that time-limit had ever 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. As confirmed by the lawyer ’ s signature on the postal receipt, the Registry ’ s letter was duly received on 6 March 2014. However, no response followed.

THE LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her 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.

Stephen Phillips Ann Power-Forde              Deputy Registrar President