FOURTH SECTION
DECISION
Application no. 16162/07
by Paweł KOROLCZUK
against Poland
The European Court of Human Rights (Fourth Section), sitting on 15 November 2011 as 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 26 March 2007,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Paweł Korolczuk, is a Polish national who was born in 1983 and lives in Białystok. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
On 28 March 2011 the President of the Fourth Section decided to communicate the applicant’s complaint under Article 3 of the Convention concerning the conditions of his detention in Białystok Remand Centre. A letter requesting the applicant to take a position on the issue of a possible friendly settlement, sent to the applicant’s last known address in Hajnówka Prison, was returned to the Court with a remark that the applicant had been released and currently resided at his permanent address in Białystok. Another letter of 7 July 2011, sent by registered delivery to the applicant’s permanent address, was received on 14 July 2011 by the applicant’s father. The applicant failed to respond to the friendly settlement proposal within the prescribed time-limit and did not resume his correspondence with the Court after that date.
THE LAW
The Court takes note of the fact that, despite repeated requests, the applicant has not resumed his correspondence with the Court after notice of the application has been given to the Government. On this basis, the Court concludes that the applicant does no longer intend to pursue his application (Article 37 § 1 (a) of the Convention). Furthermore, in accordance with Article 37 § 1 in fine of the Convention, it finds no reasons to justify a 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