Last Updated on April 24, 2019 by LawEuro
FIFTH SECTION
DECISION
Application no.15859/10
Semen Nikolayevich KAPSHUK
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 9 March 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Semen Nikolayevich Kapshuk, is a Moldovan national who was born in 1958 and lives in Dezgmyzha.
The applicant’s complaints under Article 6 § 1 of the Convention about the fact that the court hearings in his case had taken place in his absence were communicated to the Ukrainian Government (“the Government”).
By letter dated 5 September 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations on the admissibility and merits of the application together with his claims for just satisfaction, and an indication of his position regarding a friendly settlement of the case, had expired on 18 July 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 applicant received this letter on 27 September 2018. However, no response has been received.
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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