FOURTH SECTION

DECISION

Application no . 17184/12 N. M . against Poland

The European Court of Human Rights ( Fourth Section ), sitting on 12 May 2015 as a Committee composed of:

Päivi Hirvelä , President, Nona Tsotsoria , Krzysztof Wojtyczek , judges,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 23 March 2012 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms N . M . , is a Congolese national and asylum seeker , who was born in 1982 and whose whereabouts are unknown.

The President granted the applicant ’ s request for her identity not to be disclosed to the public (Rule 47 § 4). She was represented before the Court by Ms A. Chrzanowska of Stowarzyszenie Interwencji Prawnej (Association for Legal Intervention) .

The Polish Government (“the Government”) wer e represented by their Agent, M s J. Chrzanowska of the Ministry of Foreign Affairs .

The applicant applied for an interim measure under Rule 39 and complained inter alia under Article 3 of the Convention that, if expelled to her home country, the Democratic Republic of Congo, she would be at real risk of becoming an object of sexual violence and of other forms of treatment prohibited by the Convention.

On 30 March 2012 the Court decided to indicate to the Government of Poland, under Rule 39 of the Rules of the Court, that the applicant should not be expelled to the Democratic Republic of Congo for the duration of the proceedings before the Court and to give notice to the Government of the applicant ’ s complaints .

The applicant ’ s representative was instructed to return to the Court a completed application form by 13 April 2012 and the Government were requested to submit their observations once the application form had been forwarded to them together with the Statement of facts prepared by the Registry of the Court.

By registered letter of 5 June 2012 the applicant ’ s representative was again invited to submit, by 19 June 2012, a completed application form and additional information and documents essential to the processing of the application . The letter contained a standard strike-out warning clause.

On 19 June 2012 the applicant ’ s representative informed the Registry that on 15 May 2012 the Warsaw Regional Administrative Court had ordered to stay the enforcement of the applicant ’ s expulsion decision. In view of the above, on 4 July 2012 the Vice-President of the Section decided that the interim measure be lifted and that the examination of the application be adjourned until the proceedings concerning the applicant ’ s asylum application are completed.

By registered letter of 13 March 2015 the applicant ’ s representative was asked whether the applicant wished to pursue her application.

On 23 March 2 01 5 the applicant ’ s representative informed the Court that the applicant had not been in contact with the Association and that she, therefore, wanted to withdraw her application .

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

Accordingly, the case should be struck 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 4 June 2015 .

Fatoş Aracı Päivi Hirvelä Deputy Registrar President