FIRST SECTION

DECISION

Application no. 38799/11 Mariusz DZIKOWSKI against Poland

The European Court of Human Rights (First Section), sitting on 15 May 2018 as a Committee composed of:

Aleš Pejchal , President, Krzysztof Wojtyczek, Jovan Ilievski, judges,

and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 22 December 2011,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Mariusz Dzikowski , is a Polish national, who was born in 1987 and lives in Bia Å‚ a Rawska .

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 Articles 8, 9 and 12 of the Convention about the refusal to grant him compassionate leave from prison inporder to conclude a religious (Islamic) marriage.

4. On 27 May 2017 the applicant ’ s complaints were communicated to the Government, who submitted their observations on the admissibility and merits on 22 September 2017. These observations were forwarded to the applicant, who was invited to submit his observations in reply as well as his claims for just satisfaction. The applicant failed to reply to the Registry ’ s letter.

5. By a letter dated 17 January 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 20 November 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 Registry ’ s letter was delivered on 29 January 2018 and the postal receipt was signed by Mateusz Dzikowski . The applicant has not to date resumed correspondence with the Court in the instant case

THE LAW

6. 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 7 June 2018 .

Renata Degener AleÅ¡ Pejchal              Deputy Registrar President