FOURTH SECTION
DECISION
Application no. 42927/07
by Benedykt WILKOWICZ
against Poland
The European Court of Human Rights (Fourth Section), sitting on 17 May 2011 as a Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Ljiljana Mijović,
Sverre Erik Jebens,
Päivi Hirvelä,
Ledi Bianku,
Vincent A. De Gaetano, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 12 September 2007,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Benedykt Wilkowicz, a Polish national who was born in 1938 and lives in Kraków. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
The applicant complained, inter alia, that the authorities had refused to provide him a copy of the classified document which allegedly proved that he had been a secret collaborator of the communist security services. The applicant’s complaint concerning the alleged breach of his right to respect for his private life was communicated to the Government, who submitted their observations on the admissibility and merits. On 8 October 2010 the observations were forwarded to the applicant, who was invited to submit his own observations.
By letter dated 6 January 2011, sent by registered post, the applicant was notified that the Court had received no reply to the letter of 8 October 2010 whereby he had been invited to submit his observations. 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. A similar letter was sent to the applicant by registered post on 4 March 2011. 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