FIFTH SECTION

DECISION

Application no. 31575/20 Oleg Mykolayovych GERASHCHENKO 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 10 July 2020,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Oleg Mykolayovych Gerashchenko, was born in 1971.

The applicant was represented by Mr O.S. Zavgorodniy, a lawyer practising in Dnipro.

The applicant’s complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention and the lack of any effective remedy in domestic law 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 30 June 2021, sent by registered post, the applicant’s representative was notified that the Registry had not received the response to its letter of 11 March 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. The applicant’s representative received that letter on 21 July 2021. However, no response has followed.

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