AO proti Polsku

FIRST SECTION

DECISION

Application no. 51395/20
Li AO
against Poland

The European Court of Human Rights (First Section), sitting on 5 May 2022 as a Committee composed of:

Alena Poláčková, President,
Raffaele Sabato,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 13 November 2020,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Li Ao, was born in 1988. She is a Chinese national, living in China.

The applicant’s complaints under Article 8 of the Convention concerning the length and outcome of the proceedings under the Hague Convention instituted by her to seek the return of her minor child were communicated to the Polish Government (“the Government”), who submitted observations on the admissibility and merits.

By letter dated 31 January 2022, sent by registered post to the applicant’s address in China, the applicant was invited to submit by 14 March 2022 her observations on the case and her just satisfaction claims. 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. This letter was returned to the Court by the Chinese post for reasons stated as “unknown”. No reply was received to the Registry’s letter. The applicant has not communicated with the Court since the date of her first letter and her application.

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 25 May 2022.

Viktoriya Maradudina Alena Poláčková
Acting Deputy Registrar President