FOURTH SECTION
DECISION
Application no. 32536/13
Henryk WYŻYŃSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 24 November 2015 as a Committee composed of:
Nona Tsotsoria, President,
Krzysztof Wojtyczek,
Gabriele Kucsko-Stadlmayer, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 24 April 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Henryk Wyżyński, is a Polish national, who was born in 1956 and lives in Solec Kujawski.
The Polish Government (“the Government”) were represented by their Agent, Mrs Justyna Chrzanowska, of the Ministry of Foreign Affairs.
The applicant complained under Article 3 of the Convention about conditions of detention with overcrowding.
The applicant’s complaint was communicated to the Government, who submitted their declaration with a view to securing a friendly settlement of the case.
The information on the Government’s declaration was forwarded to the applicant, who was requested to inform the Registry whether he accepted the settlement. No reply was received to the Registry’s letter.
By letter dated 16 July 2015, sent by registered post, the applicant was notified that the period allowed for submission of his declaration had expired 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.
The letter was sent back to the Court with annotation “not collected on time”.
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.
Done in English and notified in writing on 17 December 2015.
Fatoş AracıNona Tsotsoria
Deputy RegistrarPresident
Full & Egal Universal Law Academy