FOURTH SECTION
DECISION
Application no. 19834/09
by Robert JARZĄBEK
against Poland
The European Court of Human Rights (Fourth Section), sitting on 15 November 2011as a Committee composed of:
Päivi Hirvelä, President,
Ledi Bianku,
Zdravka Kalaydjieva, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 1 April 2009,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Robert Jarząbek, is a Polish national who was born in 1971 and lives in Warsaw. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
On 7 February 2011 the President of the Fourth Section decided to communicate the applicant’s complaint under Article 5 § 3 of the Convention concerning the length of the applicant’s pre-trial detention. By letters dated 17 February 2011 the Registrar requested the parties to inform him whether they wished to settle the case by means of a friendly settlement. The Government responded on 14 April 2011.
By a letter of 18 April 2011, sent to the applicant’s last known address in Warsaw Detention Centre, the applicant was requested to inform the Registry of the Court, by 2 May 2011, about his position on the friendly settlement proposal. He did not respond to this letter. By another letter, sent by registered post to his last known home address, the applicant was again requested to provide the relevant information by 20 July 2011. The letter was delivered on 21 July 2011 at the latest. To date, the applicant has not replied to this letter, nor has he otherwise resumed contact with the Court.
THE LAW
Given the above-mentioned circumstances of the case, the Court concludes that the applicant is no longer interested in pursuing his application. Furthermore, the Court finds no reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to strike the application out of the Court’s list of cases, pursuant to Article 37 § 1 (a) of the Convention.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Fatoş AracıPäivi Hirvelä
Deputy RegistrarPresident
Full & Egal Universal Law Academy