FIRST SECTION
DECISION
Application no. 23379/10
Alfred BLACZKOWSKI
against Poland
The European Court of Human Rights (First Section), sitting on 3 April 2018 as a Committee composed of:
Aleš Pejchal, President,
Armen Harutyunyan,
Jovan Ilievski, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 20 March 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Alfred Blaczkowski, is a Polish national, who was born in 1943 and lives in Gdańsk.
2. The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska of the Ministry of Foreign Affairs.
3. The applicant complained under Article 6 § 1 of the Convention about the denial of access to the Supreme Court because of the legal aid lawyer’s refusal to lodge a cassation appeal (see Siałkowska v. Poland, no. 8932/05, 22 March 2007).
4. On 5 January 2015 the applicant’s complaint was communicated to the Government. A friendly settlement procedure was set in motion through the offices of the Registrar.
5. On 4 March 2015 the Government submitted their declaration with a view to securing a friendly settlement of the case.
6. On 13 March 2015 the applicant was requested to inform the Registry by 27 March 2015 whether he accepted the settlement. The time-limit was further extended until 18 September 2015.
7. By a letter dated 15 September 2015 the applicant informed the Registry that he did not accept the amount proposed in the friendly settlement declaration.
8. On 24 March 2016 the Government submitted their unilateral declaration under Rule 62A of the Rules of the Court and requested that the Court strike the case out of its list of cases.
9. On 5 April 2016 the applicant was invited to submit by 3 May 2016 his comments concerning the unilateral declaration. On 28 July 2016 the letter was returned to the Court with a note that the addressee was unknown.
10. On 28 September 2016 the applicant was requested again to submit his comments by 12 October 2016. The applicant’s attention was drawn to Article 37 § 1 (a) of the Convention and the possibility of striking a case out of its list of cases where the circumstances lead to the conclusion that an applicant does not intend to pursue the application. The letter was sent by the registered post to the applicant’s two home addresses in Gdańsk. On 4 November 2016 one of the letters was returned to the Registry with a note that the applicant had failed to collect it from the post office.
THE LAW
11. 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.
12. 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 26 April 2018.
Renata DegenerAleš Pejchal
Deputy RegistrarPresident
Full & Egal Universal Law Academy