FOURTH SECTION
DECISION
Application no. 3741/11
Sławomir PÓŁKOŚNIK
against Poland
The European Court of Human Rights (Fourth Section), sitting on 5 July 2016 as a Committee composed of:
Vincent A. De Gaetano, President,
Egidijus Kūris,
Gabriele Kucsko-Stadlmayer, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 11 January 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Sławomir Półkośnik, is a Polish national, who was born in 1966 and is detained in Milicz.
2. The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska, of the Ministry of Foreign Affairs.
3. The applicant complained under Article 14 of the Convention and Article 1 of Protocol No. 1 to the Convention about being paid half of the minimum statutory wage while imprisoned in the period between 1 September 2003 and 8 March 2011.
4. The applicant’s complaints were communicated to the Government on 3 July 2015. The Government submitted their 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.
5. By letter dated 29 February 2016, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 18 January 2016 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’s relative received this letter on 7 March 2016. However, no response has been received.
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 28 July 2016.
Andrea TamiettiVincent A. De Gaetano
Deputy RegistrarPresident
Full & Egal Universal Law Academy