FIRST SECTION

DECISION

Application no. 58988/11 Szymon TOMKIEL against Poland

The European Court of Human Rights (First Section), sitting on 26 June 2018 as a Committee composed of:

Aleš Pejchal, President, Krzysztof Wojtyczek, Armen Harutyunyan, judges,

and Abel Campos , Section Registrar ,

Having regard to the above application lodged on 14 September 2011,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Szymon Tomkiel, is a Polish national, who was born in 1983 and lives in Giby. He was initially represented by Mrs K. Z Ä… bkiewicz, a lawyer practicing in Suwa Å‚ ki.

2. The Polish Government (“the Government”) were represented by their Agent, Mrs J. Chrzanowska of the Ministry of Foreign Affairs.

3. The applicant complained under Article 5 § 4 of the Convention about the procedure by which he had sought to challenge the lawfulness of his pre-trial detention.

4. On 22 August 2016 the applicant ’ s complaints were communicated to the Government, who submitted their observations on the admissibility and merits on 4 July 2017. These observations were forwarded to the applicant ’ s lawyer, who was invited to submit her observations in reply as well as her claims for just satisfaction. The applicant ’ s lawyer failed to reply to the Registry ’ s letter.

5. By a letter dated 18 January 2018, sent by registered post, the applicant ’ s lawyer was notified that the period allowed for submission of her observations had expired on 7 September 2017 and that no extension of time had been requested. On 21 March 2018 the applicant ’ s lawyer replied that she had no longer represented the applicant in the proceedings before the Court.

6. By a letter dated 26 March 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 7 September 2017 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 a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The Regist ry ’ s letter was delivered on 30 March 2018 and the postal receipt was signed by the applicant ’ s brother ‑ Pawe Å‚ Tomkiel. The applicant has not to date resumed correspondence with the Court in the instant case.

THE LAW

7. 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 19 July 2018 .

Abel Campos Aleš Pejchal Registrar President