STOROZHUK AND OTHERS v. UKRAINE
Doc ref: 38544/07;52892/08;42856/09 • ECHR ID: 001-145679
Document date: June 17, 2014
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FIFTH SECTION
DECISION
Application no . 38544/07 Lina Volodymyrivna STOROZHUK against Ukraine and 2 other applications (see list appended)
The European Court of Human Rights ( Fifth Section ), sitting on 17 June 2014 as a Committee composed of:
Angelika Nußberger , President, André Potocki , Aleš Pejchal , judges,
and Stephen Phillips , Deputy Section Registrar ,
Having regard to the above applications lodged on 23 August 2007 , 15 October 2008 and 23 July 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the A ppendix.
The Ukrainian Government (“the Government”) w ere represented by their Agent.
The applicants complained of violation of their rights during the criminal proceedings against them.
The applicants ’ complaints under Article s 3, 5, 6 and 13 of the Convention were communicated to the Government, who submitted their observations on the admissibility and merits.
The observations were forwarded to the applicant s , who were invited to submit their own observations and, according to Rule 36 §§ 2 and 4, the applicants were requested to designate their legal representatives for the further proceedings before the Court . However, n o reply was received to th ese requests .
By letter s dated 29 November 2013 , sent by registered post, the applicants were notified that the period allowed for submission of their reply had expired respectively on 21 January, 28 March and 24 June 2013 and that no extension of time had been requested. The applicants ’ 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 an applicant does not intend to pursue the application. T h e s e letter s were delivered in December 2013. Nevertheless, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, 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 cases.
In view of the above, it is appropriate to strike the case s out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Stephen Phillips Angelika Nußberger Deputy Registrar President
APPENDIX
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Nationality
38544/07
23/08/2007
Lina Volodymyrivna STOROZHUK
29/10/1952
Monsey
Ukrainian
52892/08
15/10/2008
Dmitriy Nikolayevich BONDARENKO
28/02/1982
Debaltseve
Ukrainian
42856/09
23/07/2009
Sergey Aleksandrovich SKNAR
23/04/1983
Artemivsk
Ukrainian