European Court of Human Rights

FOURTH SECTION

DECISION

Application no. 38287/07
Zbigniew Józef GAWROŃSKI
against Poland

The European Court of Human Rights (Fourth Section), sitting on 29 November 2011 as a Committee composed of:

George Nicolaou, President,
Ledi Bianku,
Vincent A. De Gaetano, judges,
and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 22 August 2007,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Zbigniew Józef Gawroński, is a Polish national who was born in 1959 and lives in Gliwice. His application was lodged on 22 August 2007. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

The case concerns criminal proceedings against the applicant, who was charged with drug dealing and swindling money. The applicant complained about his arrest and subsequent detention on remand. The Court decided to communicate ex officio the issue of the possible monitoring of the applicant’s correspondence 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.

By letter dated 23 September 2011, sent by registered post, the applicant, was notified that the period allowed for submission of his observations had expired on 6 July 2011 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 applicant received this letter on 29 September 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 Aracı George Nicolaou
Deputy Registrar President