European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/215.html
Cite as: [2011] ECHR 215
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FOURTH SECTION
DECISION
Application no.
38340/04
by Marian GRACZYK
against Poland
The European Court of Human Rights (Fourth Section), sitting on 18 January 2011 as a Chamber composed of:
Nicolas
Bratza,
President,
Lech
Garlicki,
Ljiljana
Mijović,
David
Thór Björgvinsson,
Ján
Šikuta,
Päivi
Hirvelä,
Mihai
Poalelungi,
judges,
and
Lawrence Early, Section
Registrar,
Having regard to the above application lodged on 15 October 2004,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Marian Graczyk, a Polish national who was born in 1952 and lives in Southampton, England. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs. The applicant was initially represented by Mr J. Kolber, a lawyer practising in Bielsko Biała.
The applicant complained, among other articles, under Article 3 of the Convention about the conditions of his nearly 2 year long detention in Sosnowiec Remand Centre.
That complaint was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant’s lawyer, who was invited to submit his observations on behalf of the applicant. No reply was received to the Registry’s letter.
By letter dated 28 November 2007, sent by registered post, the applicant’s lawyer was notified that the period allowed for submission of his client’s observations had expired on 25 October 2007 and that no extension of time had been requested. On 12 December 2007 the applicant’s lawyer informed the Registry that he was no longer representing the applicant in the proceedings before the Court.
By two letters dated 13 December 2007, sent by registered post to the applicant’s addresses in Poland and in the United Kingdom, and by a similar letter of 10 November 2010, the applicant was informed that his lawyer was no longer pursuing his case before the Court and was notified that the period allowed for submission of his observations had expired on 25 October 2007 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 of 13 December 2007 which had been sent to the applicant’s address in Poland was collected by his wife. 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.
Lawrence Early Nicolas Bratza
Registrar President