FOURTH SECTION
DECISION
Application no. 56571/13
Łukasz TOMCZAK
against Poland
The European Court of Human Rights (Fourth Section), sitting on 7 March 2017 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 22 August 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Łukasz Tomczak, is a Polish national, who was born in 1982 and is detained in Poznań.
2. The applicant’s complaints 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 were communicated to the Polish Government, who were represented by their Agent, Ms J. Chrzanowska, of the Ministry of Foreign Affairs.
3. The applicant failed to respond to the last registry’s letter of 29 September 2016 (returned unclaimed on 8 November 2016), reminding him that the period allowed for submission of his observations in reply had expired on 5 September 2016 and that no extension of time had been requested. His 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 LAW
4. 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.
5. 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 30 March 2017.
Andrea TamiettiNona Tsotsoria
Deputy RegistrarPresident
Full & Egal Universal Law Academy