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TARLECKI v. POLAND

Doc ref: 24594/12 • ECHR ID: 001-159809

Document date: December 8, 2015

  • Inbound citations: 1
  • Cited paragraphs: 0
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TARLECKI v. POLAND

Doc ref: 24594/12 • ECHR ID: 001-159809

Document date: December 8, 2015

Cited paragraphs only

FOURTH SECTION

DECISION

Application no . 24594/12 Jacek TARLECKI 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 Fato ş Arac ı , Deputy Section Registrar ,

Having regard to the above application lodged on 17 April 2012,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Jacek Tarlecki, is a Polish national, who was born in 1968 and lives in Berlin.

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

The applicant complained under Article 3 of the Convention about the allegedly inadequate medical care in prison.

The applicant ’ s complaint was communicated to the Government, who 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.

By letter dated 13 May 2015, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 9 March 2015 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. On 11 September 2015 the same letter was sent to other known addresses of the applicant. All letters were returned undelivered. The letter sent to the Siedlce Prison was returned with annotation that the applicant had been released o n 30 May 201 5. No response has been received from the applicant.

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

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