FOURTH SECTION
DECISION
Application no. 17794/08
Grzegorz MIKOŁAJCZYK
against Poland
The European Court of Human Rights (Fourth Section), sitting on 18 December 2012 as a Committee composed of:
Päivi Hirvelä, President,
Ledi Bianku,
Paul Mahoney, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 17 January 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Grzegorz Mikołajczyk, is a Polish national, who was born in 1968 and lives in Sieradz. The Polish Government (“the Government”) were represented by their Agent, Ms Justyna Chrzanowska of the Ministry of Foreign Affairs.
The applicant complained under Articles 5 and 8 of the Convention about the unreasonable length of his pre-trial detention and restrictions on family visits in prison.
By letter dated 22 March 2012 the Government’s observations were transmitted to the applicant who was invited to submit his reply and just satisfaction claims. The applicant failed to reply to this letter. By the second letter dated 26 September 2012, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 12 July 2012 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. He was invited to reply by 25 October 2012 and to inform the Court whether he wished to maintain his application. The applicant received this letter on 2 October 2012 as he signed the receipt. However, 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.
Fatoş AracıPäivi Hirvelä
Deputy RegistrarPresident
Full & Egal Universal Law Academy