Izdebski v. Poland
Struck out of the list
Berörda konventionsartiklar
FIRST SECTION
Application no. 10727/17 Kamil IZDEBSKI against Poland
The European Court of Human Rights (First Section), sitting on 26 March 2019 as a Committee composed of:
Aleš Pejchal, President, Tim Eicke, Jovan Ilievski, judges, and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 30 January 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1 The applicant, Mr Kamil Izdebski, is a Polish national who was born in 1991 and was detained in Almere, the Netherlands.
2 The applicant’s complaint concerning lengthy application of the “dangerous detainee” regime was communicated to the Polish Government (“the Government”), who were represented by their Agent, Ms J. Chrzanowska and subsequently by Mr J. Sobczak, of the Ministry of Foreign Affairs.
3 The Registry’s letter of 11 June 2018 enclosing the Government’s observations on the admissibility and merits of the application was returned unclaimed. The last Registry’s letter of 19 September 2018 sent by registered post to two known addresses, in Poland and in the Netherlands, reminding him that the period allowed for submission of his observations in reply had expired and that no extension of time had been requested, were both returned unclaimed on 8 November 2018 and 22 January 2019 respectively.
THE LAW
4 The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.
In view of the above, it is appropriate to strike the case 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 18 April 2019.
Renata Degener Aleš Pejchal Deputy Registrar President