CHMIELEWSKI proti Polsku

FIRST SECTION

DECISION

Application no. 46466/19
Krzysztof Remigiusz CHMIELEWSKI
against Poland

The European Court of Human Rights (First Section), sitting on 23 March 2023 as a Committee composed of:

Alena Poláčková, President,
Gilberto Felici,
Raffaele Sabato, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 21 August 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Krzysztof Remigiusz Chmielewski, was born in 1971.

The applicant was represented by Mr Witold Grzelak, a lawyer practising in Gliwice.

The applicant’s complaint under Article 8 of the Convention concerning refusal to grant a leave from prison was communicated to the Polish Government (“the Government”), who submitted observations on the admissibility and merits.

By letter dated 2 December 2022, sent by registered post, the applicant was notified that the period allowed for submission of the requested observations had expired on 22 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. The applicant’s representative received this letter on 2 January 2023. 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 13 April 2023.

Viktoriya Maradudina Alena Poláčková
Acting Deputy Registrar President