Filipchuk and Others v. Ukraine

FIFTH SECTION

Application no. 8194/22 Valeriy Ivanovych FILIPCHUK against Ukraine and 2 other applications

(see appended table) [1]

The European Court of Human Rights (Fifth Section), sitting on 4 April 2024 as a Committee composed of:

Mārtiņš Mits , 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:

The list of the applicants is set out in the appendix.

The applicants were represented by Mr S. M. Rybiy, a lawyer practising in Dnipro, Ukraine.

The applicants’ complaints under Articles 3 and 13 of the Convention concerning the inadequate conditions of detention and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”).

On 11 March 2024 the applicants’ representative informed the Registry that the applicants wished to withdraw the applications to the Court, as they were no longer interested in pursuing them.

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

In the light of the foregoing, the Court concludes that the applicants may be regarded as no longer wishing to pursue the applications (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 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 25 April 2024.

Viktoriya Maradudina Mārtiņš Mits Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Articles 3 and 13

of the Convention

(inadequate conditions of detention and lack of any effective remedy in domestic law)

No.

Application no. Case name

Applicant’s name Year of birth Place of residence

Introduction date

1.

8194/22 Filipchuk v. Ukraine

Valeriy Ivanovych FILIPCHUK 1965 Dnipro

02/02/2022

2.

3892/23 Osovolyuk v. Ukraine

Andriy Anatoliyovych OSOVOLYUK 1981 Dnipro

22/11/2022

3.

16162/23 Shvydko v. Ukraine

Stanislav Mykolayovych SHVYDKO 1960 Dnipro

01/04/2023

[1] The applications have been restored to the list of cases on 6 February 2025.