FIRST SECTION

DECISION

Application no. 10768/20 Marcin Stanisław MAKSYMIUK against Poland

The European Court of Human Rights (First Section), sitting on 1 February 2024 as a Committee composed of:

Péter Paczolay , President , Gilberto Felici, Raffaele Sabato , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 17 February 2020,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Marcin Stanisław Maksymiuk, was born in 1980. He was represented by Mr J. Pająk, a lawyer practising in Rybnik.

The applicant’s complaints under Articles 3 and 8 of the Convention concerning the strip searches he had to undergo while imprisoned 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 11 September 2023, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 26 June 2023 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 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 22 February 2024.

Viktoriya Maradudina Péter Paczolay Acting Deputy Registrar President