FOURTH SECTION
DECISION
Application no. 51209/09
Adam HEINE
against Poland
The European Court of Human Rights (Fourth Section), sitting on 5 December 2013 as a Committee composed of:
George Nicolaou, President,
Krzysztof Wojtyczek,
Faris Vehabović, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 17 September 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Adam Heine, is a Polish national, who was born in 1927 and lives in Warsaw. He was represented before the Court by Ms A. Olejak-Budnikowska, a lawyer practising in Warsaw.
The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz, succeeded by Ms J. Chrzanowska, of the Ministry of Foreign Affairs.
The applicant complained about the refusal of the Institute of National Remembrance to grant him leave to consult certain documents collected on him by the former security services. The applicant further complained under Article 13 about the lack of an effective remedy in this respect. He also complained about the unfairness of the proceedings before the administrative courts which reviewed the negative decision of the Institute of National Remembrance.
On 28 June 2010 the Court decided to give notice to the Government of the applicant’s complaints under Articles 6, 8 and 13 of the Convention.
On 26 November 2010 the Government submitted to the Registry their observations on the admissibility and merits of the application. These were forwarded on 14 December 2010 to the applicant, who was invited to submit observations in reply by 25 January 2011.
On 19 August 2013 the applicant informed the Court that he wanted to withdraw the application since he obtained a satisfactory resolution of his case at the domestic level. He referred to the judgment of the Warsaw Regional Court of 24 June 2013 which confirmed that the applicant had submitted a true lustration declaration. In his declaration, made in 2012 under the Law of 18 October 2006 on disclosing information about the documents of the State security services from the period between 1944 and 1990 and the content of these documents, the applicant stated that he had not worked or collaborated with the former security services. The judgment of the Warsaw Regional Court became final on 19 July 2013.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
Accordingly, the case should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Fatoş AracıGeorge Nicolaou
Deputy RegistrarPresident
Full & Egal Universal Law Academy