FOURTH SECTION
DECISION
Application no. 6168/12
Marco MIKL
against Poland
The European Court of Human Rights (Fourth Section), sitting on 13 October 2015 as a Committee composed of:
Faris Vehabović, President,
Krzysztof Wojtyczek,
Yonko Grozev, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 17 January 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Marco Mikl, is a German national, who was born in 1978 and lives in Gliwice.
The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska of the Ministry of Foreign Affairs.
The applicant complained under Article 5 of the Convention about the circumstances of his arrest.
The applicant’s complaints concerning the allegedly arbitrary decision of his arrest were communicated to the Government, who submitted their observations on the admissibility and merits.
Notice of the present application was given to the German Government which decided not to exercise their right to intervene.
The observations of the Polish Government were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letter dated 15 May 2015, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 16 April 2015 and that although no extension of time had been requested, he had been granted an additional time-limit which expired on 27 April 2015. 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. This letter was returned to the Registry on 23 June 2015.
By letter dated 6 August 2015, sent by registered post, the applicant was requested to inform the Court whether he wished to pursue his application. His attention was drawn again to Article 37 § 1 (a) of the Convention. He had until 31 August to reply. No response 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.
Done in English and notified in writing on 5 November 2015.
Fatoş AracıFaris Vehabović
Deputy RegistrarPresident
Full & Egal Universal Law Academy