FOURTH SECTION
DECISION
Application no. 27581/09
by Marcin WILEWSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 4 January 2011 as a Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Ljiljana Mijović,
Päivi Hirvelä,
Ledi Bianku,
Nebojša Vučinić,
Vincent A. de Gaetano, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 3 May 2009,
Having deliberated, decides as follows:
THE FACTS
The applicant’s complaints: under Article 3 of the Convention, concerning the conditions of his detention and under Article 1 of Protocol No. 1 to the Convention, concerning the system of managing the salary which he had obtained for his work in the remand centre were communicated to the Government. The Government did not submit their observations on the admissibility and merits.
On 25 June 2010 the applicant was invited to submit his own observations. To that effect a letter has been sent to three different addresses, including the applicant’s home and his remand centre. The latter letter was returned to the Registry with the information that on 14 June 2010 the applicant had been released and resided at his home address in Olsztyn. The applicant did not reply to the Registry’s letter.
By letter dated 7 September 2010, sent by registered post to his home address, the applicant was notified that the period allowed for submission of his observations had expired on 15 July 2010 and that no extension of time had been requested. The applicant was nevertheless invited to submit by 20 September 2010 any observations which he might wish to make on the case, together with any claims for just satisfaction. In addition, 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 received this letter on 13 September 2010. However, no response has been received.
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.
Fatoş AracıNicolas Bratza
Deputy RegistrarPresident
Full & Egal Universal Law Academy