FOURTH SECTION
DECISION
Application no. 75905/12
Wojciech ARCIŃSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 14 September 2015 as a Committee composed of:
Ledi Bianku, President,
Paul Mahoney,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 31 October 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Wojciech Arciński, is a Polish national, who was born in 1945 and lived in Plock. The Polish Government (“the Government”) were represented by their Agent, Mrs Justyna Chrzanowska, of the Ministry of Foreign Affairs.
The applicant complained under Article 3 of the Convention about the overcrowding and conditions of his detention in Płock Prison.
The applicant’s complaints under Article 3 were communicated to the Government, who submitted on 8 December 2014 the signed friendly settlement declaration. There was no reply to this decision.
By a letter sent on 17 April 2015 the applicant’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.
On 6 May 2015 the letter came back to the Court with the mention “Décédé” on the envelope.
THE LAW
The Court notes that the applicant has died and that no heir has requested permission to pursue the application. In the circumstances it finds that it is no longer justified to continue the examination of the application pursuant to Article 37 § 1 (c) 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 cases.
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 8 October 2015.
Fatoş AracıLedi Bianku
Deputy RegistrarPresident
Full & Egal Universal Law Academy