FIRST SECTION

DECISION

Application no. 20228/19 Ł.K.

against Poland

The European Court of Human Rights (First Section), sitting on 14 September 2023 as a Committee composed of:

Lətif Hüseynov , President , Krzysztof Wojtyczek, Ivana Jelić , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 24 June 2019,

Having regard to the decision to grant the applicant anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Ł.K., was born in 1982. He was represented by Mr B. Rodak , a lawyer practising in Łódź.

The applicant’s complaints under Article 3 of the Convention concerning the conditions of his detention at the Gostynin Centre, under Article 5 § 1 (e) regarding the lawfulness of his detention and under Article 8 of the Convention concerning restrictions on family visits 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. By letter dated 18 October 2022 the applicant was advised that he had not submitted his observations as requested. At the applicant’s request made on 3 November 2022 the time-limit for submission of his observations was extended to 25 November 2022. However, no reply was received.

By letter dated 27 January 2023, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 25 November 2022 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. However, no response has been received to that letter.

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 5 October 2023.

Viktoriya Maradudina Lətif Hüseynov Acting Deputy Registrar President