BORYSŁAWSKI v. POLAND

 
 
 
 
 
 
FIRST SECTION
DECISION
Application no. 13606/13
Cezary BORYSŁAWSKI
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,
Gilberto Felici, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 25 March 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1.  The applicant, Mr Cezary Borysławski, is a Polish national, who was born in 1979 and lives in Elbląg.
2.  The applicant’s complaints concerning a refusal to grant him legal aid for a cassation appeal were 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 applicant failed to respond to the last Registry’s letter of 15 October 2018, reminding him that the period allowed for submission of his reply to the Government’s observations had expired on 4 September 2018 and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention. That registered letter was collected by the applicant’s father on 23 October 2018.
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 DegenerAleš Pejchal
Deputy RegistrarPresident

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