FIFTH SECTION

DECISION

Application no . 21413/07 Valentina Maksimovna KHOLODNAYA against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 18 September 2012 as a Committee composed of:

Boštjan M. Zupančič , President,

Ann Power-Forde ,

Angelika Nußberger , judges,

and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above application lodged on 23 April 2007,

Having deliberated, decides as follows:

THE FACTS

The applicant, Ms Valentina Maksimovna Kholodnaya , was a Ukrainian national, who was born in 1937 and lived in Pavlograd .

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

The applicant, relying on Articles 6 § 1 and 13 of the Convention, essentially complained about the ineffectiveness of criminal investigation into the murder of her son.

Notice of the application was given to the Government which submitted their observations on the admissibility and merits of the case. By a letter of 15 November 2011 , the applicant was invited to appoint a legal representative for the proceedings before the Court . However, she failed to do so. The applicant also failed to respond to a registered letter dated 5 April 2012 warning the applicant of the possibility that her case might be struck out of the Court ’ s list. According to the acknowledgement of receipt slip, that letter was not delivered due to the applicant ’ s death. The Court has no information about any person wishing to pursue the application in the applicant ’ s stand.

THE LAW

In the light of the foregoing, the Court concludes that the conditions in which a case may be struck out of its list, as provided in Article 37 § 1 of the Convention, have been satisfied.

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 Boštjan M. Zupančič Deputy Registrar President