FOURTH SECTION
DECISION
Application no. 46428/11
Łukasz RĄCZKOWSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 1 July 2014 as a Committee composed of:
Päivi Hirvelä, President,
Nona Tsotsoria,
Faris Vehabović, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 22 July 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Łukasz Rączkowski, is a Polish national, who was born in 1982 and lives in Wloclawek.
The Polish Government (“the Government”) were represented by their Agent, Ms Justyna Chrzanowska of the Ministry of Foreign Affairs.
The applicant’s complaints under Article 3 of the Convention about the conditions of his detention in Koronowo Prison between 4 November 2006 ‑ 27 March 2007, 1 April ‑ 27 November 2007, 4 December 2007 ‑ 2 December 2012 were communicated to the Government, who, by letter dated 4 February 2013 accepted the friendly‑settlement proposal.
On 24 February 2014 the applicant was requested to inform the Court by 24 March 2014 whether he accepted the settlement in question. No reply was received to the Registry’s letter.
By letters dated 17 March 2014, sent by registered post to all known addresses, the applicant was requested to inform the Court by 24 March 2014 whether he accepted the settlement in question. 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. On 17 April 2014 the letters came back as unclaimed. The applicant failed to inform the Registry about another address where he might be staying and has not to date resumed correspondence with the Court in the instant case.
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