Dmytryk v. Ukraine

FIFTH SECTION

Application no. 12252/09 by Bogdan Vasylyovych DMYTRYK against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 12 April 2011 as a Committee composed of:

Boštjan M. Zupančič, President, Ganna Yudkivska, Angelika Nußberger, judges, and Stephen Phillips, Deputy Section Registrar,

Having regard to the above application lodged on 10 February 2009,

Having deliberated, decides as follows:

THE FACTS

The application was lodged by Mr Bogdan Vasylyovych Dmytryk, a Ukrainian national who was born in 1973 and lives in Novyy Kalyniv.

The applicant complained about non-enforcement of a judgment in his favour.

Notice of the application was given to the Government, who submitted a unilateral declaration on 28 May 2010. By a letter of 28 June 2010 the applicant was invited to submit his comments on the declaration. However, the applicant failed to do so. Moreover, he failed to respond to a registered letter dated 22 September 2010 warning the applicant of the possibility that his case might be struck out of the Court’s list.

THE LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.

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