FOURTH SECTION
DECISION
Application no. 67636/12
Krzysztof WOŹNIAK
against Poland
The European Court of Human Rights (Fourth Section), sitting on 21 June 2016 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 25 September 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Krzysztof Woźniak, is a Polish national, who was born in 1971 and lives in Skierniewice.
2. The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska of the Ministry of Foreign Affairs.
3. The applicant complained inter alia under Articles 3 and 14 of the Convention that the living conditions and medical care provided to him in prison had been inadequate in view of his special needs stemming from his disability.
4. The above-mentioned complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
5. By letter dated 1 April 2016, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 9 March 2016 and that no extension of time had been requested. 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. This letter was collected by the applicant’s mother on 7 April 2016. However, no response has been received.
THE LAW
6. 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.
7. 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 12 July 2016.
Andrea TamiettiNona Tsotsoria
Deputy RegistrarPresident
Full & Egal Universal Law Academy