FIRST SECTION
DECISION
Application no. 36402/11
Jerzy Mieczysław JACHOWICZ
against Poland
The European Court of Human Rights (First Section), sitting on 25 September 2018 as a Committee composed of:
Aleš Pejchal, President,
Krzysztof Wojtyczek,
Jovan Ilievski, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 26 May 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Jerzy Mieczysław Jachowicz, is a Polish national, who was born in 1938 and lives in Warsaw. He was represented before the Court by Mr A. Wdowczyk, a lawyer practising in Warsaw.
2. The applicant complained under Article 10 of the Convention that the domestic courts’ decisions had allegedly interfered with his right to freedom of expression.
3. On 22 August 2016 the applicant’s complaints were communicated to the Government, who submitted their observations on the admissibility and merits on 20 December 2016. These observations were forwarded to the applicant’s lawyer, who was invited to submit his observations in reply as well as his claims for just satisfaction. The applicant’s lawyer failed to reply to the Registry’s letter.
4. By a letter dated 26 April 2017, sent by registered post, the applicant’s lawyer was notified that the period allowed for submission of his observations had expired on 16 February 2017 and that no extension of time had been requested. The applicant’s lawyer again failed to reply to the Registry’s letter.
5. By a letter dated 29 June 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 16 February 2017 and that no extension of time had been requested. 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 Registry’s letter was returned unclaimed. The applicant has not to date resumed correspondence with the Court in the instant case.
THE LAW
6. 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 18 October 2018.
Renata DegenerAleš Pejchal
Deputy RegistrarPresident
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