FIFTH SECTION
DECISION
Application no. 18372/15
Aleksey Ivanovich VATS against Ukraine
and 13 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 13 March 2025 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 applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
The applicants’ complaints under the Convention were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The applicants were required to submit their observations in reply, however, the contact with the applicants has been lost (see appended table for details).
By letters sent through the Court’s Electronic Communication Service (eComms) and by registered post, the applicants were notified that the period allowed for submission of their observations had expired and that no extension of time had been requested (see appended table for dates and details).
The applicants’ 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. No reply followed.
THE LAW
Having regard to the similar procedural conduct of the applicants, the Court finds it appropriate to examine them jointly in a single decision.
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.
Accordingly, the cases should be struck 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.
Done in English and notified in writing on 3 April 2025.
Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President
APPENDIX
List of applications
Application no. Introduction date | Applicant | Representative’s name
| Main complaints raised | Date of sending Government’s observations to the applicant | Date of the Court strike-out warning letter | |
1. | 18372/15 08/04/2015 | Aleksey Ivanovich VATS | Vasyl Oleksandrovych MYKYTYUK | Prot. 1 Art. 3 - ineligibility to vote in or stand for elections. | 13/12/2023 (by eComms)
| 05/04/2024 (by registered post, received on 27/05/2024)
|
2. | 66624/17 19/08/2017 | Viktor Volodymyrovych SUGAY | Vitaliy Ivanovych LASTIVKA | Art. 6 (1) and 13 - lack of impartiality of the domestic courts due to the absence of a prosecuting party in the administrative-offence proceedings. | 05/06/2024 (by eComms)
| 19/09/2024 (by registered post, received on 11/10/2024)
|
3. | 56038/19 17/10/2019 | Lyubomir Bogdanovych LOPUSHYNSKYY | Bogdan Mykhaylovych KALYNYUK | Art. 6 (1) - excessive length of criminal proceedings;
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings. | 20/03/2024 (by eComms)
| 24/06/2024 (by registered post, received in July 2024)
28/11/2024 (by registered post, returned undelivered)
|
4. | 41009/21 10/07/2021 | Oleksandr Andriyovych PUGACHOV | Oleksandr Anatoliyovych IGNATOV | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | 15/05/2024 (by eComms) | 18/09/2024 (by eComms, downloaded on 15/10/2024 and 03/11/2024) |
5. | 39522/23 23/10/2023 | Oleksandr Ivanovych OVERCHENKO |
| Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 5 (3) - excessive length of pre-trial detention;
Art. 5 (5) - lack of, or inadequate compensation, for the violation of Art. 5 § 3 of the Convention.
| 17/07/2024 (by eComms) | 15/11/2024 (by registered post, returned undelivered)
|
6. | 40991/23 13/11/2023 | Kostyantyn Oleksandrovych STOLYAROV | Sergiy Oleksandrovych KULBACH
| Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 5 (3) - excessive length of pre-trial detention | 03/07/2024 and 17/07/2024 (by eComms)
| 15/11/2024 (by eComms, downloaded on 15/11//2024) and 15/11/2024 (by registered post, returned undelivered)
|
7. | 41284/23 17/11/2023 | Oleksandr Oleksandrovych OLIYNYK | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 5 (3) - excessive length of pre-trial detention
Article 6 § 1 -excessive length of criminal proceedings;
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings. | |||
8. | 41472/23 13/11/2023 | Ruslan Olegovych KALDYBAYEV | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 5 (3) - excessive length of pre-trial detention
| |||
9. | 42069/23 30/11/2023 | Sergiy Leonidovych VIRYOVKIN | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 5 (3) - excessive length of pre-trial detention
| |||
10. | 42490/23 02/12/2023 | Roman Oleksandrovych KOVSHUN | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 5 (3) - excessive length of pre-trial detention;
Article 6 § 1 -excessive length of criminal proceedings;
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings. | |||
11. | 42666/23 02/12/2023 | Vyacheslav Yevgenovych POPLAVSKYY | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 5 (3) - excessive length of pre-trial detention;
Article 6 § 1 -excessive length of criminal proceedings;
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings. | |||
12. | 42674/23 02/12/2023 | Mykyta Vadymovych SELEZNYOV | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 5 (3) - excessive length of pre-trial detention;
Article 6 § 1 -excessive length of criminal proceedings;
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of criminal proceedings. | |||
13. | 2538/24 13/01/2024 | Sofiko Shotivna METREVELI | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 5 (3) - excessive length of pre-trial detention.
| |||
14. | 2579/24 13/01/2024 | Zaza Volodymyrovych MOSESHVILI | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
Art. 5 (3) - excessive length of pre-trial detention.
|