European Court of Human Rights

FOURTH SECTION

DECISION

Application no. 59643/09
Michał ROT
against Poland

The European Court of Human Rights (Fourth Section), sitting on 13 December 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 7 December 2010,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Michał Rot, is a Polish national who was born in 1970 and lives in Warszawa. His application was lodged on 5 November 2009. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

The applicant’s complaints concerning length of criminal proceedings were communicated to the Government, who submitted their observations on the admissibility and merits. The Government requested the Court to strike-out the case and submitted a unilateral declaration. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter of 26 April 2011.

By letter dated 30 June 2011, sent by registered post, the applicant was invited to submit his comments by 27 July 2011.

The letter came back as unclaimed with a note that the applicant was released from prison. The applicant failed to inform the Registry about any other address where he might be staying. It should be also noted that the last letter from the applicant was received on 14 March 2011. After that date the applicant did not contact the Registry. The applicant did not comment either on the communication of the case, or on the unilateral declaration submitted by the Government.

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