FIRST SECTION

DECISION

Application no. 52503/17 Krystian GOLIASZ against Poland

The European Court of Human Rights (First Section), sitting on 10 November 2021 as a Committee composed of:

Erik Wennerström, President, Lorraine Schembri Orland, Ioannis Ktistakis, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 18 July 2017,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Krystian Goliasz, was born in 1987.

The applicant’s complaints under Article 6 (3) (d) of the Convention that he had been convicted of drug-related offences on the basis of a sole and decisive evidence that had come from a witness whom he had not been given an opportunity to question at trial, were 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.

On 28 April 2021 the Registry sent a letter to the applicant requesting his written observations on the case with his claims for just satisfaction essential to the processing of the application. No reply was received to this letter.

By letters dated 9 July 2021, sent by registered post to the applicant’s last known address in Kamińsk Prison and to his home address, as indicated in the application form, the applicant was notified that the period allowed for the submission of his observations had expired on 9 June 2021 and that no extension of time had been requested. The applicant’s 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. Both letters were returned with the information that the applicant was no longer in prison and that nobody had collected the letter from the home address. No reply was received to these letters.

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 2 December 2021.

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Viktoriya Maradudina Erik Wennerström Acting Deputy Registrar President