FIFTH SECTION

DECISION

Application no . 13381/07 Tamara Nikolayevna NOVIK against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 24 September 2013 as a Committee composed of:

Angelika Nußberger , President, Ganna Yudkivska , André Potocki , judges , and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above application lodged on 3 March 2007,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Tamara Nikolayevna Novik , is a Ukrainian national, who was born in 1956 and lives in Torez .

The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kulchytskyy , of the Ministry of Justice.

The applicant complained that the investigation of the circumstances of her son ’ s death had not been effective for the purpose of Article 2 of the Convention.

She further complained under Article 13 of the Convention about the lack of effective remedies in respect of her complaint under Article 2 of the Convention, and under Article 6 § 1 of the Convention that the proceedings in the case had been excessively lengthy and that she had not been able to properly exercise her right of civil claim in respect of the accident.

Finally, under Articles 1, 14 and 17 of the Convention, the applicant complained that the investigation of her son ’ s death had been ineffective.

The application was 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 her own observations. No reply was received to the Registry ’ s letter.

By letter dated 13 February 2013, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 10 December 2012 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 applicant received this letter on 26 February 2013. 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 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 Angelika Nußberger Deputy Registrar President