SHAPOVAL proti Ukrajině

FIFTH SECTION

DECISION

Application no. 41186/23
Mykola Petrovych SHAPOVAL
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 19 December 2024 as a Committee composed of:

Diana Sârcu, President,
Kateřina Šimáčková,
Mykola Gnatovskyy, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 25 October 2023,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Mykola Petrovych Shapoval, was born in 1981. He was represented by Mr S.M. Rybiy, a lawyer practising in Dnipro.

The applicant’s complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention in Dnipro Detention Facility no. 4 were communicated to the Ukrainian Government (“the Government”).

On 12 March 2024 the applicant’s representative informed the Registry that the applicant was no longer interested in pursuing his application before the Court and wished to withdraw it.

On 5 July 2024 the Court sent a letter by registered post requesting the applicant to inform the Court by 3 August 2024 whether he wished to maintain his application. It was noted that failure to reply might lead the Court to conclude that the applicant was no longer interested in pursuing the application and that the case might be struck out of the list of cases. The letter was received by the Detention Facility where the applicant had been detained on 26 July 2024. No response followed.

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 23 January 2025.

Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President