FIRST SECTION

DECISION

Application no. 2827/13 Sylwester SUS against Poland

The European Court of Human Rights (First Section), sitting on 21 May 2019 as a Committee composed of:

Aleš Pejchal, President, Tim Eicke, Raffaele Sabato, judges,

and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 24 December 2012,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Sylwester Sus, is a Polish national, who was born in 1962 and lives in Cigacice.

2. The applicant complained under Article 6 § 3 (c) and (d) of the Convention that he could not defend himself in person before the appellate court in criminal proceedings against him.

3. On 28 June 2018 the applicant ’ s complaint was 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 26 September 2018 the Government submitted their declaration with a view to securing a friendly settlement of the case.

4. On 15 October and 5 November 2018 the applicant was requested to inform the Registry whether he accepted the settlement. These letters were sent by registered post to his home address in Cigacice and were returned to the Court as he had failed to collect them from the post office. The applicant did not reply to the above-mentioned letters and the last correspondence from him dated back to 5 January 2015. A letter asking him to confirm whether he wished to maintain his complaint was sent on 12 December 2018. His attention was drawn to Article 37 § 1 (a) of the Convention. The applicant failed to collect the letter of 12 December 2018 from the post office and it was returned to the Registry.

THE LAW

5. 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 13 June 2019 .

Renata Degener Aleš Pejchal Deputy Registrar President