FIRST SECTION
\nDECISION<\/p>\n
Application no.33286\/15
\nTomasz NYSZTAL
\nagainst Poland<\/p>\n
The European Court of Human Rights (First Section), sitting on 26\u00a0March 2019 as a Committee composed of:<\/p>\n
Ale\u0161Pejchal, President,
\nTim Eicke,
\nJovan Ilievski, judges,<\/p>\n
and Renata Degener, Deputy Section Registrar,<\/p>\n
Having regard to the above application lodged on 27 July 2015,<\/p>\n
Having deliberated, decides as follows:<\/p>\n
FACTS AND PROCEDURE<\/p>\n
1.\u00a0\u00a0The applicant, Mr Tomasz Nysztal, is a Polish national, who was born in 1976 and was detained in \u015awidnica prison.<\/p>\n
2.\u00a0\u00a0The applicant complained under Article 3 of the Convention of overcrowding and inadequate living conditions during his detention in the Buniewice ward of Kamie\u0144PomorskiRemand Centre between 22 May and 22\u00a0October 2009, on 3 November and from 1\u00a0to 2 December 2009.<\/p>\n
3.\u00a0\u00a0On 28 September 2018 the applicant\u2019s complaint was communicated to the Polish Government (\u201cthe Government\u201d), who were represented by their Agent, Ms J. Chrzanowska and subsequently by Mr J. Sobczak, of the Ministry of Foreign Affairs. A friendly settlement procedure was put in place following the pilot judgment in the case of Orchowski v. Poland, (no.\u00a017885\/04), and the leading decision in the case of \u0141atak v. Poland (no.\u00a052070\/08).<\/p>\n
4.\u00a0\u00a0On the same date, the applicant was requested to inform the Registry by 23\u00a0November 2018 whether he accepted the settlement but he failed to respond to this letter.<\/p>\n
5.\u00a0\u00a0On 16 November 2018 the Government submitted their declaration with a view to securing a friendly settlement of the case.<\/p>\n
6.\u00a0\u00a0On 27 November 2018, information on the Government\u2019s declaration was forwarded to the applicant who was requested again to inform the Registry by 11 December 2018 whether he accepted the settlement but he failed to respond to this letter.<\/p>\n
7.\u00a0\u00a0By a letter dated 23 January 2019, sent by registered post to the prison address in \u015awidnica, the applicant was requested to inform the Registry by 20\u00a0February 2019 whether he accepted the settlement. His attention was drawn to Article 37 \u00a7 1 (a) of the Convention. The letter was returned to the Court with a note that the applicant had no longer been imprisoned in that facility. His current address is unknown.<\/p>\n
THE LAW<\/p>\n
8.\u00a0\u00a0The 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 \u00a7 1 (a) of the Convention. Furthermore, in accordance with Article 37 \u00a7 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.<\/p>\n
In view of the above, it is appropriate to strike the case out of the list.<\/p>\n
For these reasons, the Court, unanimously,<\/p>\n
Decides to strike the application out of its list of cases.<\/p>\n
Done in English and notified in writing on 18 April 2019.<\/p>\n
Renata Degener\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Ale\u0161Pejchal
\nDeputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n