FOURTH SECTION
DECISION
Application no. 25248/15
Julio Cesar VALERIO POLANCO
against Malta
The European Court of Human Rights (Fourth Section), sitting on 27 September 2016 as a Committee composed of:
Egidijus Kūris, President,
Vincent A. De Gaetano,
Gabriele Kucsko-Stadlmayer, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 10 August 2015,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Julio Cesar Valerio Polanco, is a national of the Dominican Republic, who was born in 1975 and, at the time of the introduction of the application, was detained at the Corradino Correctional Facility, in Paola.
2. The Maltese Government (“the Government”) were represented by their Agent, Dr P. Grech, Attorney General.
3. The applicant complained under Article 3 of the Convention about the conditions of his detention.
4. On 25 February 2016 the applicant’s above-mentioned complaint was communicated to the Government. On the same day the applicant was invited to appoint a lawyer and to complete and return to the Court an authority form by 12 May 2016. The applicant did not reply or submit the relevant form.
5. The Government’s observations were received on 24 June 2016.
6. By a letter dated 19 May 2016 sent to the applicant at the Corradino Correctional Facility, he was again invited to appoint a representative and submit the authority form by 16 June 2016. However, no reply was received by the Court.
7. By means of a further letter, of 11 July 2016, sent by registered post, the applicant was again invited to appoint a representative and submit the authority form by 1 August 2016. Furthermore, the applicant’s attention was drawn to the fact that failure to return this form may lead the Court to conclude that he was no longer interested in pursuing the application and that the Court may strike it out of its list of cases.
8. According to the postal services’ website the letter reached the Corradino Correctional Facility on 19 July 2016. However, no reply was received from the applicant, nor has the Court been informed that the applicant has been released and if so, of his new address.
THE LAW
9. 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.
10. 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 20 October 2016.
Andrea TamiettiEgidijus Kūris
Deputy RegistrarPresident
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