FIRST SECTION
DECISION
Application no. 42773/21
Robert MODZELAN
against Poland
The European Court of Human Rights (First Section), sitting on 18 Avril 2024 as a Committee composed of:
Péter Paczolay, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 20 August 2021,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Robert Modzelan, was born in 1973.
The applicant’s complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Polish Government (“the Government”), who submitted observations on the admissibility and merits. The observations 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 2023, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 16 March 2023 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 an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. However, no response has followed.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
Accordingly, the case should be struck 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 16 May 2024.
Viktoriya Maradudina Péter Paczolay
Acting Deputy Registrar President