FOURTH SECTION
DECISION
Application no. 10940/12
Wioleta STEFAŃSKA
against Poland
The European Court of Human Rights (Fourth Section), sitting on 11 October 2016 as a Committee composed of:
Nona Tsotsoria, President,
Krzysztof Wojtyczek,
Marko Bošnjak, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 8 February 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Ms Wioleta Stefańska, is a Polish national, who was born in 1987 and lives in Jastrzębie Zdrój.
2. The Polish Government (“the Government”) were represented by their Agent, Mrs J. Chrzanowska of the Ministry of Foreign Affairs.
3. The applicant complained under Article 5 § 1 of the Convention about the unlawfulness of her detention in a sobering-up centre.
4. On 2 November 2015 the applicant’s complaints were communicated to the Government, who submitted their observations on the admissibility and merits. These observations were forwarded to the applicant, who was invited to submit her observations in reply as well as her claims for just satisfaction. No reply was received to the Registry’s letter.
5. By letters dated 25 May and 1 July 2016, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 15 April 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 failed to collect the letters of 25 May and 1 July 2016 from the post office and they were returned to the Registry.
THE LAW
6. The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her 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 3 November 2016.
Andrea TamiettiNona Tsotsoria
Deputy RegistrarPresident
Full & Egal Universal Law Academy