FOURTH SECTION
DECISION
Application no. 30993/07
by Ireneusz WAJDNER
against Poland
The European Court of Human Rights (Fourth Section), sitting on 15 November 2011 as a Committee composed of:
Päivi Hirvelä, President,
Ledi Bianku,
Zdravka Kalaydjieva, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 5 July 2007,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Ireneusz Wajdner, was a Polish national who was born in 1953 and lived in Przyłęk. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
On 28 March 2011 the President of the Fourth Section decided to communicate the applicant’s complaint under Article 3 of the Convention concerning the conditions of his detention in prisons in Kłodzko and in Wrocław. However, the applicant has not resumed his correspondence with the Court after that date. A letter of 19 July 2011, sent to the applicant’s address by registered delivery, was returned to the Court on 26 August 2011 with a remark that the applicant had died. There are no family members or heirs known to the Court who could pursue the application in the applicant’s stead.
THE LAW
The Court takes note of the fact that the applicant died and that no other persons expressed a wish to pursue the application in his stead. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the case. In these circumstances, pursuant to Article 37 § 1 (c) of the Convention, the Court concludes that it is no longer justified to continue the examination of the application. 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