FOURTH SECTION
DECISION
Application no. 47607/08
Dariusz KURYŚ
against Poland
The European Court of Human Rights (Fourth Section), sitting on 18 February 2014 as a Committee composed of:
George Nicolaou, President,
Zdravka Kalaydjieva,
Faris Vehabović, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 3 September 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Dariusz Kuryś, is a Polish national, who was born in 1972 and is presumed to live in Czerwionka Leszczyny.
The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz, succeeded by Ms J. Chrzanowska, of the Ministry of Foreign Affairs.
The applicant complained under Article 6 § 1 of the Convention about the length of criminal proceedings against him. The proceedings lasted nine years and five months.
On 20 January 2012 the applicant’s complaint was communicated to the Government, who submitted their friendly settlement proposal. The proposal was forwarded to the applicant, who was invited to submit his comments by 18 April 2012. The letter was returned by the administration of Racibórz Prison. The applicant was released and his home address was provided by the administration of the prison.
By letter dated 15 May 2012, the applicant was notified that the period allowed for submission of his comments had been extended. The letter remained without answer. Two subsequent letters were sent by registered post. 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. No response to those letters has been received.
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 AracıGeorge Nicolaou
Deputy RegistrarPresident
Full & Egal Universal Law Academy