FIRST SECTION

DECISION

Application no . 55446/09 Krzysztof WOJCIECHOWSKI against Norway

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

Khanlar Hajiyev , President, Julia Laffranque , Erik Møse , judges , and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 12 October 2009 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Krzysztof Wojciechowski , is a Polish national, who was born in 1978 and lives in Krackow , Poland. He was represented before the Court by Mr F. Verling , a lawyer practising in Bergen .

The Norwegian Government (“the Government”) were first represented by their former Agent, Mr s F. Platou Amble, then by Mr M. Emberland , both Attorneys of the Attorney General ’ s Office (Civil Matters).

Without invoking any specific provisions of the Convention the applicant complained about poor conditions of his pre-trial detention at the Bergen Police Headquarters, which had lasted for “ five days, nineteen hours and ten minutes”: the police custody cell had been located in the basement of the police premises, it had had no windows, no possibilities for proper aeration, no toilet, no access to help at the times when such was needed, no possibilities for visits, no possibilities for smoking, no bed, only a mattress on the floor without pillow and bedcover, poor lightening (dual-mode (night/day) artificial lighting). Only as from the second day had exercise been accorded but then just for five minutes. During this period he had been wearing the same clothes. Furthermore, he had been denied access to a doctor. Also, his family had not been informed about his arrest. Finally, he complained about the length of the appellate proceedings.

The applicant ’ s complaint concerning the conditions of his detention in the police cell – with a question of whether they amount ed to inhuman treatment in breach of Article 3 of the Convention and further questions of whether he disposed of effective remedies in this respect and had exhausted such remedies – 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 9 September 2013 , sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of his observations had expired on 29 May 2013 and that no extension of time had been requested. The applicant ’ s representative ’ 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 applicant ’ s representative received this letter on 18 September 2013 . 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 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.

André Wampach Khanlar Hajiyev Deputy Registrar President