FOURTH SECTION

DECISION

Application no. 30993/07 by Ireneusz WAJDNER against Poland

The European Court of Human Rights ( Fourth Section ) , sitting on 15 November 2011 as a Committee composed of:

Päivi Hirvelä , President , Ledi Bianku , Zdravka Kalaydjieva , judges , and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 5 July 2007 ,

Having deliberated , decides as follows:

PROCEDURE

The applicant , Mr Ireneusz Wajdner , wa s a Polish national who was born in 1953 and lived in Przyłęk . The Polish Government (“the Government ” ) we re represented by their Agent , Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

On 28 March 2011 the President of the Fourth Section decided to communicate the applicant ’ s complaint under Article 3 of the Convention concerning the conditions of his detention in prisons in Kłodzko and in Wrocław . However , the applicant has not resumed his correspondence with the Court after that date . A letter of 19 July 2011 , sent to the applicant ’ s address by registered delivery , was returned to the Court on 26 August 2011 with a remark that the applicant had died. There are no family members or heirs known to the Court who could pursue the application in the applicant ’ s stead .

THE LAW

The Court takes note of the fact that the applicant died and that no other persons expressed a wish to pursue the application in his stead. Furthermore , in accordance with Article 37 § 1 in fine , the Court finds that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the case. In these circumstances , pursuant to Article 37 § 1 (c) of the Convention , the Court concludes that it is no longer justified to continue the examination of the application. 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.

Fatoş Aracı Päivi Hirvelä Deputy Registrar President