FOURTH SECTION

DECISION

Application no . 78490/11 SÅ‚awomir PAWLAK against Poland

The European Court of Human Rights (Fourth Section), sitting on 27 September 2016 as a Committee composed of:

Nona Tsotsoria, President, Krzysztof Wojtyczek, Marko Bošnjak, judges,

and Andrea Tamietti, Deputy Section Registrar ,

Having regard to the above application lodged on 18 October 2011,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr SÅ‚awomir Pawlak, is a Polish national, who was born in 1973 and is detained in ElblÄ…g.

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

3. The applicant complained under Article 14 of the Convention and Article 1 of Protocol No. 1 to the Convention about being paid half of the minimum statutory wage while imprisoned.

4. The applicant ’ s complaints were communicated to the Government on 25 November 2015. The Government submitted their 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.

5. By letter dated 29 February 2016, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 18 January 2016 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 letter, sent to the prison in which the applicant had been serving his sentence, was returned unopened with an annotation that the applicant was no longer detained. Subsequently, the Registry re-sent that letter, by registered post, to two other addresses which had been indicated by the applicant. They were returned unopened; the most recent on 18 August 2016.

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.

7. 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 20 October 2016 .

Andrea Tamietti Nona Tsotsoria              Deputy Registrar President