FOURTH SECTION
DECISION
Application no. 65145/11
Wojciech KMINIKOWSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 18 March 2014 as a Committee composed of:
Päivi Hirvelä, President,
Nona Tsotsoria,
Faris Vehabović, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 14 October 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Wojciech Kminikowski, is a Polish national, who was born in 1981 and lives in Włocławek.
The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska, of the Ministry of Foreign Affairs.
The applicant’s complaints concerning conditions of his detention in Włocławek Prison from 15 to 29 April 2008 and from 1 July to 26 August 2008 were communicated to the Government, who, by letter dated 8 October 2013 informed the Court that they accepted the friendly‑settlement proposal.
On 10 October 2013 the applicant was requested to inform the Court by 25 October 2013 whether he accepted the settlement in question. No reply was received to the Registry’s letter.
By letter dated 25 November 2013, sent by registered post, the applicant was requested to inform the Court by 9 December 2013 whether he accepted the settlement in question. 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. On 6 January 2014 the letter came back as unclaimed. The applicant failed to inform the Registry about another address where he might be staying and has not to date resumed correspondence with the Court in the instant case.
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.
Fatoş AracıPäivi Hirvelä
Deputy RegistrarPresident
Full & Egal Universal Law Academy