Europejskiego Trybunału Praw Człowieka
z dnia 5 stycznia 2016 r.
Application no. 26443/13
The European Court of Human Rights (Fourth Section), sitting on 5 January 2016 as a Committee composed of:
Nona Tsotsoria, President,
Gabriele Kucsko-Stadlmayer, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 2 April 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Łukasz Kozłowski, is a Polish national, who was born in 1983 and lives in Lublin.
The Polish Government ("the Government") were represented by their Agent, Ms J. Chrzanowska, of the Ministry of Foreign Affairs.
The applicant complained under Articles 5, 6, 8 and 13 of the Convention that the refusal to grant him access to the investigation file had violated the rights of the defence and had prevented him from challenging the lawfulness of his detention.
On 19 January 2015 the applicant's complaint under Article 5 § 4 was communicated to the Government. On 5 May 2015 the Government submitted their proposal for a friendly settlement in the case. The Government's proposal was forwarded to the applicant, who was invited to submit his comments by 10 June 2015. No reply was received to the Registry's letter.
By letter dated 3 September 2015, sent by registered post, the applicant was notified that the Registry had received no comments on the Government's proposal for a friendly settlement within the period allowed. 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. This letter was returned as unclaimed.
By letter dated 12 October 2015, sent by registered post, the applicant was again invited to respond. The applicant received this letter on 17 October 2015. However, no response has been received.
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 28 January 2016.