FIFTH SECTION
DECISION
Application no. 38206/23
Aslambek Selymovych MUSITOV against Ukraine
and 22 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 7 May 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 were represented by Mr S. Kulbach, a lawyer practising in Limoges.
The applicants’ complaints under the Convention were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants’ representative, who was invited to submit his own observations by 28 November 2024 (see appended table for details). No reply was received by the Court.
By letter dated 21 January 2025, sent through the Court’s Electronic Communication Service (eComms), the applicants’ representative was notified that the period allowed for submission of his observations had expired and that no extension of time had been requested. His 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. Mr Kulbach downloaded the letter on the same day. However, no response has been received.
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 applications should be struck out of the list of cases.
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 28 May 2025.
Viktoriya Maradudina Diana Sârcu
Acting Deputy Registrar President
APPENDIX
List of applications
Application no. Introduction date | Applicant | Complaints communicated | Date of sending Government’s observations to the applicant’s representative | Date of the Court strike-out warning letter | |
1. | 38206/23 04/10/2023 | Aslambek Selymovych MUSITOV | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
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;
Art. 5 (3) - excessive length of pre-trial detention. | 17/10/2024 (by eComms – not downloaded) | 21/01/2025 (by eComms, downloaded on 21/01/2025)
|
2. | 2880/24 12/01/2024 | Igor Igorovych PAVLENKO | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
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;
Art. 5 (3) - excessive length of pre-trial detention. | ||
3. | 7444/24 11/03/2024 | Volodymyr Volodymyrovych BABKIN | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
4. | 7445/24 11/03/2024 | Andriy Mykolayovych GOLOVATYUK | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
5. | 7446/24 11/03/2024 | Kostyantyn Leonidovych KONONENKO
| Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
6. | 7449/24 11/03/2024 | Fedor Romanovych GLUKHOV | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
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;
Art. 5 (3) - excessive length of pre-trial detention. | ||
7. | 7452/24 11/03/2024 | Vadym Vyacheslavovych SHALAY | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
8. | 7455/24 11/03/2024 | Denys Sergiyovych AREFYEV | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
9. | 7459/24 11/03/2024 | Sergiy Volodymyrovych GULYVATYY | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
10. | 7468/24 11/03/2024 | Andriy Gennadiyovych TARASOV | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
11. | 7771/24 11/03/2024 | Igor Oleksiyovych MARUNKEVYCH | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
12. | 7773/24 11/03/2024 | Oleksiy Viktorovych VLASENKO | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
13. | 7901/24 11/03/2024 | Volodymyr Viktorovych MARYNIN | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
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;
Art. 5 (3) - excessive length of pre-trial detention. | ||
14. | 7903/24 11/03/2024. | Oleksandr Oleksandrovych KHRYSTENKO | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
15. | 10209/24 04/04/2024 | Ruslan Oleksandrovych KONIVTSOV | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
16. | 10213/24 04/04/2024 | Vasyl Vasylyovych BERESTOVSKYY | 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. | ||
17. | 10216/24 04/04/2024 | Ruslan Yuriyovych VOLOSHYN | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention;
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. | ||
18. | 10225/24 04/04/2024 | Mykola Viktorovych LEGKYY | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
19. | 10226/24 04/04/2024 | Dmytro Petrovych TKACHENKO | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
20. | 10280/24 04/04/2024 | Oleksandr Oleksandrovych MOROZOV | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
21. | 10598/24 04/04/2024 | Sergiy Volodymyrovych PETRUSHKO | 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. | ||
22. | 12131/24 04/04/2024 | Oleksandr Oleksiyovych RUBAN | Art. 3 - inadequate conditions of detention;
Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention. | ||
23. | 12195/24 04/04/2024 | Igor Anatoliyovych GLOBA | 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. |