3156/17, PODSIADŁY v. POLSKA - Decyzja Europejskiego Trybunału Praw Człowieka

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Decyzja Europejskiego Trybunału Praw Człowieka z dnia 5 marca 2019 r. 3156/17

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0305DEC000315617

FIRST SECTION

DECISION

Application no. 3156/17

Zbigniew PODSIADŁY

against Poland

The European Court of Human Rights (First Section), sitting on 5 March 2019 as a Committee composed of:

Ksenija Turković, President,

Krzysztof Wojtyczek,

Armen Harutyunyan, judges,

and Renata Degener, Deputy Section Registrar,

Having regard to the above application lodged on 31 December 2016,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

1. The applicant, Mr Zbigniew Podsiadły, is a Polish national, who was born in 1974 and lives in Łódź.

2. The applicant's complaints under Article 6 § 1 of the Convention about the excessive length of criminal proceedings, and under Article 13 of the Convention about the lack of redress for the excessive length of proceedings, were communicated to the Polish Government ("the Government"), who were represented by their Agent, Ms J. Chrzanowska, and subsequently by Mr J. Sobczak, of the Ministry of Foreign Affairs.

3. The applicant failed to respond to the Registry's letter 23 July 2018 enclosing the Government's observations on the admissibility and merits of the application. The last Registry's letter of 15 November 2018, sent by registered post, reminding the applicant that the period allowed for submission of his observations in reply had expired on 3 September 2018 and that no extension of time had been requested, was returned unclaimed. After lodging his application on 31 December 2016 the applicant did not correspond with the Registry. Nor did he inform it about any change of his address.

Uzasadnienie prawne

THE LAW

4. 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.

Sentencja

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 March 2019.

Renata Degener

Ksenija Turković

Deputy Registrar

President