FIRST SECTION

DECISION

Application no. 37370/17 Robert Sebastian SZLEZINGIER

against Poland

The European Court of Human Rights (First Section), sitting on 10 March 2022 as a Committee composed of:

Alena Poláčková, President, Raffaele Sabato, Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 16 May 2017,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Robert Sebastian Szlezingier, was born in 1977. He was represented by Mr D. Biernat , a lawyer practising in Warsaw.

The applicant’s complaint under Article 6 of the Convention, concerning his inability to challenge or question the witness whose evidence appeared to be sole and decisive for the applicant’s conviction, was communicated to the Polish Government (“the Government”), who submitted 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 15 December 2021, sent by registered post, the applicant’s lawyer was notified that the period allowed for submission of the applicant’s observations had expired on 15 September 2021 and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application 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 lawyer received that letter on 20 December 2021. However, no response has followed.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 31 March 2022.

Viktoriya Maradudina Alena Poláčková Acting Deputy Registrar President