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MYASOYED v. UKRAINE

Doc ref: 26402/10 • ECHR ID: 001-215817

Document date: January 20, 2022

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MYASOYED v. UKRAINE

Doc ref: 26402/10 • ECHR ID: 001-215817

Document date: January 20, 2022

Cited paragraphs only

FIFTH SECTION

DECISION

Application no. 26402/10 Igor Aleksandrovich MYASOYED

against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 20 January 2022 as a Committee composed of:

Lətif Hüseynov, President, Lado Chanturia, Arnfinn Bårdsen , judges

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 11 March 2010,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Igor Aleksandrovich Myasoyed, was born in 1945.

The applicant’s complaints under Articles 3, 5, 6, 7, 8, 10, 13, 14 and 17 of the Convention and Article 1 of Protocol No. 1 to the Convention regarding mainly the conduct and outcome of the criminal proceedings against the applicant in 2006-2010 and related defamation proceedings in 2008-2011 were communicated to the Ukrainian Government (“the Government”).

In 2017 the case was adjourned as no correspondence could be delivered to the applicant, whose last known address was in Donetsk, which has been outside the control of the Government of Ukraine since July 2014 and where the Ukrainian postal service has suspended its operations (see Tsezar and Others v. Ukraine , nos. 73590/14 and 6 others, § 9, 13 February 2018).

Using telephone numbers the applicant had indicated in his application form, it was only possible to contact his sister who provided an email address through which the applicant allegedly could be reached. She gave no other contact information.

On 21 June 2021 the Registry sent an email inviting the applicant to submit updated information regarding his case. The applicant’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. No reply was given to that letter.

The Registry has not received any correspondence from the applicant since April 2012.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

Accordingly, the case should be struck 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 10 February 2022.

Viktoriya Maradudina Lətif Hüseynov Acting Deputy Registrar President

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