Augustyniak v. Poland

FIRST SECTION

Application no. 37956/10 Sławomir AUGUSTYNIAK against Poland

The European Court of Human Rights (First Section), sitting on 23 October 2018 as a Committee composed of:

Ksenija Turković, President, Krzysztof Wojtyczek, Pauliine Koskelo, judges,

and Abel Campos, Section Registrar,

Having regard to the above application lodged on 4 October 2010,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Sławomir Augustyniak, was a Polish national, who was born in 1977 and lived in Zielona Góra.

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.

On 1 March 2018 the Government informed the Court that the applicant had died. This letter was forwarded to the applicant’s wife who on 5 April 2018 informed the Court that she wished to pursue the case in his stead. However, the letter was not signed. The applicant’s wife failed to reply to the Registry’s letter of 11 April 2018 inviting her to submit a signed copy of the request to pursue the case. Two subsequent letters of 4 June and 20 July 2018 urging the applicant’s wife to state clearly whether she wished to purse the application in her late husband’s stead were returned unclaimed. Her attention was drawn to Article 37 § 1 (a) of the Convention. The letter of 12 July 2018 containing the Government’s unilateral declaration in the present case was also forwarded to the late applicant’s wife.

THE LAW

In the light of the foregoing, the Court concludes that the applicant’s heir does not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention.

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 15 November 2018.

Abel Campos Ksenija Turković Registrar President