FIFTH SECTION

DECISION

Application no. 23274/13 Abdikadyr Mokhamed SHARYF against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 10 November 2021 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 17 May 2013,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Abdikadyr Mokhamed Sharyf, was born in 1988.

The applicant was represented by Mr O. Tymchiy, a lawyer practising in Kyiv.

The applicant’s complaints under Article 5 §§ 1 and 4 of the Convention related to his allegedly unlawful detention for the purpose of expulsion and the lack of a procedure whereby the lawfulness of his detention could be examined by a court and his release be ordered were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.

By letter dated 5 July 2021, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 17 May 2021 and that no extension of time had been requested. His 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. However, the letter returned to the Court on 31 August 2021 as unclaimed.

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 2 December 2021.

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Viktoriya Maradudina Lətif Hüseynov Acting Deputy Registrar President