Storozhuk and Others v. Ukraine

FIFTH SECTION

Application no. 38544/07 Lina Volodymyrivna STOROZHUK against Ukraine and 2 other applications (see list appended)

The European Court of Human Rights (Fifth Section), sitting on 17 June 2014 as a Committee composed of:

Angelika Nußberger, President, André Potocki, Aleš Pejchal, judges,

and Stephen Phillips, Deputy Section Registrar,

Having regard to the above applications lodged on 23 August 2007, 15 October 2008 and 23 July 2009,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the Appendix.

The Ukrainian Government (“the Government”) were represented by their Agent.

The applicants complained of violation of their rights during the criminal proceedings against them.

The applicants’ complaints under Articles 3, 5, 6 and 13 of the Convention were communicated to the Government, who submitted their observations on the admissibility and merits.

The observations were forwarded to the applicants, who were invited to submit their own observations and, according to Rule 36 §§ 2 and 4, the applicants were requested to designate their legal representatives for the further proceedings before the Court. However, no reply was received to these requests.

By letters dated 29 November 2013, sent by registered post, the applicants were notified that the period allowed for submission of their reply had expired respectively on 21 January, 28 March and 24 June 2013 and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that an applicant does not intend to pursue the application. These letters were delivered in December 2013. Nevertheless, no response has been received.

THE LAW

The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, 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 cases.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases.

Stephen Phillips Angelika Nußberger Deputy Registrar President

APPENDIX

No

Application No

Lodged on

Applicant

Date of birth

Place of residence

Nationality

38544/07

23/08/2007

Lina Volodymyrivna STOROZHUK

29/10/1952

Monsey

Ukrainian

52892/08

15/10/2008

Dmitriy Nikolayevich BONDARENKO

28/02/1982

Debaltseve

Ukrainian

42856/09

23/07/2009

Sergey Aleksandrovich SKNAR

23/04/1983

Artemivsk

Ukrainian