FOURTH SECTION

DECISION

Application no . 73643/10 Piotr PAWELEC against Poland

The European Court of Human Rights ( Fourth Section ), sitting on 8 December 2015 as a Committee composed of:

Nona Tsotsoria , President, Krzysztof Wojtyczek , Gabriele Kucsko-Stadlmayer , judges,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 1 December 2010 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Piotr Pawelec , is a Polish national, who was born in 1961 and lives in Wejherowo .

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

The applicant complained under Article 5 § 3 of the Convention about the length of his pre-trial detention, under Article 6 § 1 of the Convention about the length of criminal proceedings against him and, without invoking any provision of the Convention, he complained about the imposition of detention on remand on him simultaneously with a prison sentence which influenced his family rights .

The above complaints were communicated to the Government, who submitted their friendly settlement proposal . On 6 February 2015 t he Government ’ s proposal was forwarded to the applicant, who was invited to submit his comments . No reply was received to the Registry ’ s letter.

By letter dated 16 April 2015 , sent by registered mail , the applicant was notified that the period allowed for submission of his comments had expired. He was given a new time-limit until 11 May 2015.

On 14 June 2015 the applicant submitted his new address and informed the Registry that he accepted the Government ’ s friendly settlement proposal. He failed however to submit the signed declaration. On 25 June 2015 he was requested again to submit the friendly settlement declaration duly dated and signed. He had until 9 July 2015 to do so. No reply was received to the Registry ’ s letter.

On 17 July and on 24 September 2015 the applicant was again requested to submit the friendly settlement declaration duly dated and signed. The latter letter was sent by registered mail with the time-limit until 24 September 2015. 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 was returned to the Registry with a note that it had not been collected by the addressee.

THE LAW

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 January 2016 .

FatoÅŸ Aracı Nona Tsotsoria              Deputy Registrar President