FOURTH SECTION

DECISION

Application no . 55177/12 Janusz DRWIĘGA against Poland

The European Court of Human Rights ( Fourth Section ), sitting on 4 November 2014 as a Committee composed of:

George Nicolaou , President, Zdravka Kalaydjieva , Faris Vehabović , judges,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 18 June 2012 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Janusz Drwięga , is a Polish national, who was born in 1968 and lives in Sanok .

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

The applicant complained in essence under Article 3 of the Convention about the quality of the medical care provided to him within the penitentiary system.

On 18 November 2013 t he applicant ’ s complaint was communicated to the Government, who submitted their friendly settlement proposal .

By letter dated 26 March 2014, sent by registered post to the applicant ’ s home address and to Łupków Prison , the Government ’ s friendly settlement proposal was forwarded to the applicant . He was requested to submit his comments in reply by 23 April 2014 . The letter sent to Łupków Prison was returned with annotation that the applicant had been released. The letter sent to his home address was collected by the applicant on 4 April 2014 . However, no response has been received.

By letter dated 28 May 2014 , sent by registered post , the applicant was reminded that he had not responded to the Government ’ s proposal. 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 th e conclusion that the applicant do es not intend to pursue the application. On 10 July 2014 the letter came back as unclaimed. The applicant has not to date resumed correspondence wit h the Court in the instant case .

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.

FatoÅŸ Aracı George Nicolaou              Deputy Registrar President