FIFTH SECTION

DECISION

Application no. 18347/19 Yevgen Olegovych BRODSKYY against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 14 September 2023 as a Committee composed of:

Carlo Ranzoni, President , Lado Chanturia, María Elósegui, judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar ,

Having regard to the above application lodged on 25 March 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Yevgen Olegovych Brodskyy, was born in 1984. He was represented by Mr S.S. Syrovatka, a lawyer practising in Dnipro.

The applicant’s complaints under Article 5 §§ 1 and 4 of the Convention were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. On 19 November 2021 the observations were forwarded to the applicant’s representative, who was invited to submit the observations in reply. However, no response has followed.

By a letter dated 23 February 2022, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 3 January 2022 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. That letter was received by the applicant’s representative, who signed the delivery slip, on 11 April 2022. However, no response has followed.

In view of the interruption of the postal service to Ukraine as of 24 February 2022, several attempts were made to reach the applicant’s representative by phone in order to verify whether the applicant was still interested in pursuing the application. Despite this, those Registry’s attempts were unsuccessful.

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 5 October 2023.

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Viktoriya Maradudina Carlo Ranzoni Acting Deputy Registrar President