Kordziński v. Poland

FIRST SECTION

Application no. 35815/18 Marcin KORDZIŃSKI

against Poland

The European Court of Human Rights (First Section), sitting on 10 November 2021 as a Committee composed of:

Erik Wennerström, President, Lorraine Schembri Orland, Ioannis Ktistakis, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 15 February 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Marcin Kordziński, was born in 1975.

The applicant was represented by Mr Szwarc, a lawyer practising in Poznań.

The applicant’s complaints under Article 3 of the Convention concerning the conditions of his detention were communicated to the Polish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.

By letter dated 27 May 2021, sent through the Court’s Electronic Communication Service (eComms), the applicant was notified that the period allowed for submission of his observations had expired on 21 April 2021 and that no extension of time had been requested. The applicant’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. However, the letter has not been downloaded and no response has followed.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

Accordingly, the case should be struck 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 2 December 2021.

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Viktoriya Maradudina Erik Wennerström Acting Deputy Registrar President