FIRST SECTION

DECISION

Application no. 31731/20 Janusz JERSZÓW against Poland

The European Court of Human Rights (First Section), sitting on 9 November 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 17 July 2020,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Janusz Jerszów, was born in 1952 and died on 20 November 2020.

The applicant was represented by Mr K. Pączek , a lawyer practising in Rzeszów.

The applicant’s complaint under Article 6 § 1 of the Convention concerning the excessive length of proceedings was communicated to the Polish Government (“the Government”), which submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations.

On 10 November 2021 the Government informed the Registry that the applicant had died on 20 November 2020. The applicant’s representative was requested to submit comments on the Government’s letter. In reply, he informed the Registry that the applicant had two heirs, his wife and daughter. The Government considered that the case should be struck out of the list since the applicant’s attorney had failed to inform the Registry in due time of the applicant’s death.

On 22 March 2023 the parties were requested to submit their observations on the admissibility and merits of the application.

On 28 April 2023 the Government submitted their observations which were forwarded to the applicant’s representative with a time ‑ limit until 19 June 2023 for comments. The applicant’s representative failed to reply.

On 4 August 2023 the Registry sent a letter to the applicant’s representative informing him that the time-limit for his observations had expired on 19 June 2023 and that no extension of time had been requested.

The applicant’s representative’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. 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 30 November 2023.

Viktoriya Maradudina Lətif Hüseynov Acting Deputy Registrar President