FOURTH SECTION
DECISION
Application no. 23188/10
by Maksut BAJAKUSZEW
against Poland
The European Court of Human Rights (Fourth Section), sitting on 25 January 2011 as a Committee composed of:
David Thór Björgvinsson, President,
Päivi Hirvelä,
Mihai Poalelungi, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 18 March 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Maksut Bajakuszew, a Kazakhstani national who was born in 1969 and lives in Warszawa. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
The applicant complained under Article 6 § 1 of the Convention about the excessive length of criminal proceedings against him. They commenced on 6 November 2003. On 23 February 2005 the Warsaw Regional Court quashed the first-instance judgment given by the Warsaw District Court on 4 May 2004 and remitted the case. The proceedings are pending before the first-instance court.
THE LAW
On 25 November 2010 the Court received the following declaration signed by the applicant:
“I, Maksut Bajakuszew, note that the Government of Poland are prepared to pay me the sum of PLN 13,000 (thirteen thousand Polish zlotys), with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any and all pecuniary and non-pecuniary damage and any and all costs and expenses, will be free of any taxes that may be applicable and will be payable within three months from the date of notification of the decision by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Poland in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
On 15 December 2010 the Court received the following declaration from the Government:
“I, Jakub Wołąsiewicz, Agent of the Government, declare that the Government of Poland offer to pay PLN 13,000 (thirteen thousand Polish zlotys) to Mr Maksut Bajakuszew, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any and all pecuniary and non-pecuniary damage and any and all costs and expenses, will be free of any taxes that may be applicable and will be payable within three months from the date of notification of the decision by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.”
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). 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.
Fatoş AracıDavid Thór Björgvinsson
Deputy RegistrarPresident
Full & Egal Universal Law Academy