47762/12, NAKONIECZNY v. POLSKA - Decyzja Europejskiego Trybunału Praw Człowieka

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Decyzja Europejskiego Trybunału Praw Człowieka z dnia 18 grudnia 2018 r. 47762/12

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2018:1218DEC004776212

FIRST SECTION

DECISION

Application no. 47762/12

Arkadiusz NAKONIECZNY

against Poland

The European Court of Human Rights (First Section), sitting on 18 December 2018 as a Committee composed of:

Tim Eicke, President,

Jovan Ilievski,

Gilberto Felici, judges,

and Renata Degener, Deputy Section Registrar,

Having regard to the above application lodged on 23 July 2012,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The applicant, Mr Arkadiusz Nakonieczny, is a Polish national, who was born in 1983 and was detained in Szczecin. He was represented before the Court by Mr D. Kawczyński, a lawyer practising in Szczecin.

The applicant's complaints concerning unreasonable length of his detention on remand, and of the criminal proceedings, under Articles 5 § 3 and 6 § 1 of the Convention 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.

The applicant's representative failed to respond to the Registry's letters of 5 October 2016 and 16 January 2017 enclosing the Government's unilateral declaration in the case (the last of the above letters was received by the representative on 24 January 2017). No reply was received to the last Registry's letter of 2 October 2018, sent by registered post to both the applicant and his lawyer, reminding them that the period allowed for submission of the applicant's comments had expired and that no extension of time had been requested. The applicant's attention was drawn to Article 37 § 1 (a) of the Convention. The letter was received by the applicant's representative on 9 October and by the applicant's mother on 18 October 2018.

Uzasadnienie prawne

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.

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 24 January 2019.

Renata Degener

Tim Eicke

Deputy Registrar

President