BRĄCZEK proti Polsku

FIRST SECTION

DECISION

Application no. 32663/18
Piotr BRĄCZEK
against Poland

The European Court of Human Rights (First Section), sitting on 19 September 2024 as a Committee composed of:

Lətif Hüseynov, President,
Krzysztof Wojtyczek,
Erik Wennerström, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 5 July 2018,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Piotr Brączek, was born in 1970.

The applicant’s complaints under Article 6 §§ 1 and 3 (d) of the Convention concerning his inability to examine witnesses whose pre-trial statements allegedly served as a basis for his conviction and the refusal to examine two defence witnesses were communicated to the Polish Government (“the Government”).

The Registry’s letter of 17 January 2024, informing the applicant of the communication of the above application, was returned by the Kamińsk Prison with annotation on the envelope stating that the applicant had been released.

In a letter dated 24 April 2024, sent by registered post to the Kamińsk Prison, the Registry attempted once again to contact the applicant at his only known address and to inform him of the return of the letter of 17 January 2024. In addition, the letter contained information that the period allowed for submission of a completed authority form had expired on 28 February 2024 and that no extension of time had been requested. The applicant’s attention was also 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. That letter was also returned by the Kamińsk Prison with a similar annotation on the envelope (“Released” – Zwolniony).

The applicant has not provided the Court with a new address and his application does not contain any alternative address.

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 10 October 2024.

Viktoriya Maradudina Lətif Hüseynov
Acting Deputy Registrar President