FOURTH SECTION
DECISION
Application no. 17705/11
Piotr Paweł PORADA
against Poland
The European Court of Human Rights (Fourth Section), sitting on 5 January 2016 as a Committee composed of:
Nona Tsotsoria, President,
Krzysztof Wojtyczek,
Gabriele Kucsko-Stadlmayer, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 6 June 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Piotr Paweł Porada, is a Polish national, who was born in 1984 and lives in Łódź.
The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska, of the Ministry of Foreign Affairs.
The applicant complained that he had been prevented from becoming a donor of bone marrow for his mother who suffered from leukaemia. He also complained that he had been refused conjugal visits from his fiancée.
On 31 January 2015 the applicant’s complaints under Article 8 of the Convention were communicated to the Government. On 29 May 2015 the Government submitted their proposal for a friendly settlement in the case. The Government’s proposal was forwarded to the applicant, who was invited to submit his comments by 1 July 2015. No reply was received to the Registry’s letter.
By letter dated 3 September 2015, sent by registered post, the applicant was notified that the Registry had received no comments on the Government’s proposal for a friendly settlement within the period allowed. 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 as unclaimed.
By letter dated 15 October 2015, sent by registered post, the applicant was again invited to respond. 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.
Done in English and notified in writing on 28 January 2016.
Fatoş AracıNona Tsotsoria
Deputy RegistrarPresident
Full & Egal Universal Law Academy