FOURTH SECTION

DECISION

Application no . 75972/11 T.B . against Poland

The European Court of Human Rights ( Fourth Section ), sitting on 14 October 2014 as a Committee composed of:

Päivi Hirvelä , President, George Nicolaou , Faris Vehabović , judges,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 9 December 2011 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms T.B., is a Congolese national, who was born in 1975 and lives in Kę trzyn . She was represented by Ms K. Słubik , a lawyer from Warsaw. The President granted the applicant ’ s request for her identity not to be disclosed to the public (Rule 47 § 4).

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 her possible expulsion from Poland to the Democratic Republic of Congo.

On 20 December 2011 the Acting President of the Section to which the case had been allocated decided, at the request of the applicant, to indicate to the Government of Poland that it was desirable in the interests of the parties and the proper conduct of the proceedings before the Court not to expel the applicant to the Democratic Republic of Congo (Rule 39 of the Rules of Court). At the same time the case was communicated to the Government under Articles 3 and 13 of the Convention and the applicant was requested to submit a duly completed application form by 6 January 2012 .

On 1 February 2012 the Government submitted to the Registry their observations on the admissibility and merits of the application. These were forwarded to the applicant, who submit ted her observations in reply on 5 March 2012 . The applicant further informed the Court that she was no longer represented by Ms Słubik ; however, she wished to continue receiving correspondence at the latter ’ s address.

On 9 July 2012 the Vice-President of the Section considered it appropriate to lift the interim measure indic ated under Rule 39 of the Rules of Court and to adjourn the examination of the application until the proceedings pending before the domestic administrative courts ended.

On 27 March 2014 the parties were invited to submit information about the current state of the proceedings and new developments in the case. No reply was received from the applicant. On 12 May and 19 June 2014 she was again requested to submit that information. The applicant ’ s attention was also drawn to the fact that the Court may strike a case out of its list of cases whe n the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The letters were sent by registered post to all known addresses of the applicant, and to her former representative. However, no response has been received.

THE LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her 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 Päivi Hirvelä              Deputy Registrar President