FIRST SECTION
DECISION
Application no. 59038/11
Jerzy KUDRAŃSKI
against Poland
The European Court of Human Rights (First Section), sitting on 11 July 2017 as a Committee composed of:
Aleš Pejchal, President,
Krzysztof Wojtyczek,
Armen Harutyunyan, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 5 September 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Jerzy Kudrański, is a Polish national, who was born in 1975 and lives in Tarnów.
2. The Polish Government (“the Government”) were represented by their Agent, Mrs J. Chrzanowska of the Ministry of Foreign Affairs.
3. The applicant complained under Article 9 of the Convention about the State’s failure to provide him with a diet in conformity with his faith while in prison.
4. On 21 September 2016 the applicant’s complaints were communicated to the Government, who submitted their observations on the admissibility and merits on 18 January 2017. These observations were forwarded to the applicant, who was invited to submit his observations in reply as well as his claims for just satisfaction. On 27 February 2017 the applicant asked for legal aid. He was invited to return the relevant forms by 4 April 2017. However, he did not reply to the Registry’s letter.
5. By a letter dated 26 April 2017, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 6 March 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 applicant failed to collect the letter from the post office and it was returned to the Registry.
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.
7. 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 7 September 2017.
Renata DegenerAleš Pejchal
Deputy RegistrarPresident
Full & Egal Universal Law Academy