FIRST SECTION
DECISION
Application no. 11575/13
Rafał TODORSKI
against Poland
The European Court of Human Rights (First Section), sitting on 6 November 2018 as a Committee composed of:
Aleš Pejchal, President,
Tim Eicke,
Jovan Ilievski, judges,
and Abel Campos, Section Registrar,
Having regard to the above application lodged on 18 January 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Rafał Todorski, is a Polish national, who was born in 1979 and was detained in Warsaw-Służewiec Remand Centre.
The applicant’s complaint under Article 6 of the Convention concerning his right of access to court was communicated to the Polish Government (“the Government”) who were represented by their Agent, Ms J. Chrzanowska, and subsequently by Mr J. Sobczak, of the Ministry of Foreign Affairs.
The Registry’s letter of 17 April 2018, sent to the address indicated in the application form and to the prison in which he had been detained, informing the applicant of the communication of his case to the Government, was returned unclaimed. By letter of 25 April 2018 the Warsaw‑Służewiec Remand Centre informed the Court that the applicant had been released on 5 April 2017 and indicated the applicant’s new address.
On 7 June 2018, a registered letter was sent to the applicant’s new address. The applicant was requested to inform the Court until 22 June 2018 whether he wished to pursue his application. He was informed that the failure to reply to the letter might result in striking the case out of the list of cases. The letter returned to the Court with a note that it had not been collected. It is to be noted that in the applicant’s other case which is currently pending before the Court, the applicant communicates with the Court and collects letters from the same address.
In these circumstances, it appears that the applicant had lost interest in pursuing his application no. 11575/13 (Article 37 § 1 (a) of the Convention). In the absence of any special circumstances regarding the respect for human rights as defined in the Convention which would require a continuation of the examination of the case, it is proposed to strike the application out of the Court’s list of cases.
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 29 November 2018.
Abel CamposAleš Pejchal
RegistrarPresident
Full & Egal Universal Law Academy