Resolution ResDH(2005)118
concerning the judgment of the European Court of Human Rights
of 20 June 2002 (Friendly settlement)
in the case of H.D. against Poland
(Adopted by the Committee of Ministers on 14 December 2005
at the 948th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the H.D. case delivered on 20 June 2002 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 33310/96) against Poland, lodged with the European Commission of Human Rights on 4 October 1995 under former Article 25 of the Convention by Mrs H.D., a Polish national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints that she was subjected to inhuman and degrading treatment upon her arrest and during detention in a Warsaw sobering-up center;
Whereas in its judgment of 20 June 2002 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously to strike the case out of its list and took note of the parties' undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Poland would pay the applicant the global sum of 10 000 Polish Zlotys, within three months as from the delivery of the judgment;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 26 August 2002, within time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sums agreed in the friendly settlement and that no other measure was required in the present case to conform to the Court's judgment,
Declares, after having examined the information supplied by the Government of Poland, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
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