FOURTH SECTION
DECISION
Application no. 74188/11
Marcin ARMBORST
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 14 November 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Marcin Armborst, is a Polish national, who was born in 1980 and lives in Jonkowo.
The Polish Government (“the Government”) were represented by their Agent, Ms Justyna Chrzanowska, of the Ministry of Foreign Affairs.
The applicant complained under Article 3 of the Convention about the conditions of detention with overcrowding.
The applicant’s complaint was communicated to the Government, who submitted their observations on the admissibility and merits of the case. The observations were forwarded to the applicant who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letter dated 26 March 2015, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 16 March 2015 and that no extension of time had been requested. In the same letter, the applicant was invited once again to submit his observations by 16 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.
The letter was sent back to the Court with annotation “not collected on time”. Thus, no response from the applicant has been received. The applicant has not informed the Court about change of address.
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 8 October 2015.
Fatoş AracıLedi Bianku
Deputy RegistrarPresident
Full & Egal Universal Law Academy