FOURTH SECTION

DECISION

Application no. 28262/09 by Adam BÄ„K against Poland

The European Court of Human Rights ( Fourth Section ) , sitting on 6 September 2011 as a Committee composed of:

Ljiljana Mijović , President, Lech Garlicki , Nebojša Vučinić , judges, and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 2 May 2009,

Having deliberated, decides as follows:

PROCEDURE

The applicant , Mr Adam Bąk, is a Polish national who was born in 1979 and lives in Warszawa . The Polish Government (“the Government ” ) are represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

On 7 June 2010 t he applicant ’ s complaint under Article 5 § 3 of the Convention concerning the length of his pre-trial detention was communicated to the Government, who submitted their friendly-settlement proposal.

By letter dated 30 September 2010 the app licant was requested to submit comments on the Government ’ s proposal by 28 October 2010 .

By letter dated 11 February 2011, sent to Warszawa- Służewiec Remand Centre, the applicant was again requested to submit the relevant information. He was also warned that in case he failed to respond, the Court could decide that he was no longer interested in pursuing his application . It results from the a cknowledgement of receipt issued by the penitentiary authorities that the applicant was released from Warszawa- Służewiec Remand Centre.

On 25 March 2011 the same le tter was sent to the applicant ’ s home address. On 12 April 2011 the applicant acknowledged receipt of the letter but has not to date resumed correspondence with the Court in the instant case .

On this basis, the Court concludes that he is no longer interested in pursuing his application.

THE LAW

Consequently, the Court finds no reasons to justify a continued examination o f the application (Article 37 § 1 in fine of the Convention). 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 Ljiljana Mijović Deputy Registrar President