European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1813.html
Cite as: [2011] ECHR 1813
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FOURTH SECTION
DECISION
Application no.
19194/06
by Piotr DYGAS
against Poland
The European Court of Human Rights (Fourth Section), sitting on 11 October 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 25 April 2006,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Piotr Dygas, is a Polish national who was born in 1972 and lives in Radom. The Polish Government (“the Government”) are represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
On 14 March 2011 the applicant’s complaint under Article 3 of the Convention concerning the conditions of his detention was communicated to the Government, who submitted their friendly-settlement proposal.
By letter dated 12 May 2011 the applicant was requested to submit comments on the Government’s proposal by 26 May 2011.
By letter dated 17 June 2011, sent to the applicant’s home address, he was again requested to submit the relevant information. The applicant was also warned that in case he failed to respond, the Court could decide that he was no longer interested in pursuing his application. The letter, sent by registered mail with an acknowledgment of receipt, was returned to the Registry unclaimed.
The applicant has not to date resumed correspondence with the Court in the instant case.
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 Aracı Päivi
Hirvelä
Deputy
Registrar President