FIRST SECTION
DECISION
Application no. 31405/14
A.P.
against Poland
The European Court of Human Rights (First Section), sitting on 26 June 2018 as a Committee composed of:
Aleš Pejchal, President,
Krzysztof Wojtyczek,
Armen Harutyunyan, judges,
and Abel Campos, Section Registrar,
Having regard to the above application lodged on 16 April 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr A.P., is a British national, who was born in 1963 and lives in Basingstoke. The President granted the applicant’s request for his identity not to be disclosed to the public (Rule 47 § 4). He was represented before the Court by Mr T. Krzyżanowski, a lawyer practising in Poznań.
The applicant’s complaint of the alleged breach of his right to respect for his family life because of the dismissal of his Hague Convention application to have his child returned to him, was communicated, under Article 8 of the Convention, to the Polish Government (“the Government”), who were represented by their Agent, Ms J. Chrzanowska of the Ministry of Foreign Affairs.
The applicant’s lawyer failed to file observations and just satisfaction claims on behalf of the applicant. He also failed to respond to the Registry’s letter of 3 May 2017 (received by him on 10 May 2017), reminding him that the period allowed for submission of his observations in reply had expired on 13 March 2017 and that no extension of time had been requested. The lawyer’s attention was drawn to Article 37 § 1 (a) of the Convention. Out of caution, on 13 February 2018, a similar registered letter was sent to the applicant. The applicant was invited to inform the Court, by 28 February 2018, whether or not he was interested in pursuing the application. No reply has been received and it is unknown if the applicant has collected the letter.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of 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 its Protocols which require the continued examination of the case.
In view of the above, it is appropriate to strike the case 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 19 July 2018.
Abel CamposAleš Pejchal
RegistrarPresident
Full & Egal Universal Law Academy