Aliyev v. Ukraine

FIFTH SECTION

Application no. 12597/07 Murad Ekhtiramovich ALIYEV against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 29 January 2014 as a Committee composed of:

Angelika Nußberger, President, Ganna Yudkivska, André Potocki, judges, and Stephen Phillips, Deputy Section Registrar,

Having regard to the above application lodged on 5 March 2007,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Murad Ekhtiramovich Aliyev, is a Ukrainian national, who was born in 1977 and lives in Bezlyudivka.

The Ukrainian Government (“the Government”) were represented by their Agent, Mr N. Kulchytskyy.

The applicant’s complaints concerning the conditions of his detention, lack of medical assistance in detention, length of detention and length of criminal proceedings were communicated to the Government, who submitted their observations on the admissibility and merits.

On 13 September 2012 the applicant was invited to designate an advocate to represent him before the Court in accordance with Rule 36 § 2 of the Rules of Court. No response to this letter has been received.

By letter dated 1 March 2013, sent by registered post, the applicant was notified that the period allowed for the designation of the advocate had expired on 21 November 2012 and that no extension of time had been requested. The applicant received this letter on 14 March 2013. However, no response has been received. By letter dated 13 June 2013 sent by registered post, the applicant’s attention was drawn to the fact that pursuant to Article 37 § 1 (a) of the Convention the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. No response to this letter has been received.

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 Angelika Nußberger Deputy Registrar President