Last Updated on April 24, 2019 by LawEuro
FIFTH SECTION
DECISION
Application no.54938/10
Eduard Nikolayevich BOZHKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 17 January 2019 as a Committee composed of:
Síofra O’Leary, President,
Mārtiņš Mits,
Lado Chanturia, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 15 March 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Eduard Nikolayevich Bozhko, was born in 1962 and at the time of lodging his application was detained in the Kyiv prison (SIZO no. 13).
The applicant’s complaints under Articles 3, 5 §§ 1 and 3 and 6 § 1 of the Conventionconcerning the alleged ill-treatment in police custody and its investigation, the applicant’s undocumented detention for nineteen hours, the length of his pre-trial detention, the conditions of his detention, and the length of the criminal proceedings against him, were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits.
By letter dated 31 May 2018, sent by registered post to the applicant’s home address, the applicant was notified that the period allowed for submission of his observations had expired on 18 April 2018 and that no extension of time had been requested. The applicant’s 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 letter returned to the Registry undelivered on 10 August 2018, the applicant having failed to collect the letter from the post office.
Another letter in the same terms, dated 5 September 2018, was sent by registered post to the prison address. The letter was delivered on 17 September 2018 by proxy.
The last correspondence from the applicant dates back to 2014. Since then, he has not informed the Court whether he was released from or transferred to another prison, nor has he provided another contact address.
THE LAW
In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued 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 7 February 2019.
Liv Tigerstedt Síofra O’Leary
Acting Deputy Registrar President
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