Resolution CM/ResDH(2009)64[1]
Execution of the judgment of the European Court of Human Rights
P.K. against Poland
(Application No. 37774/97, judgment of 6 November 2003, friendly settlement)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgment transmitted by the Court to the Committee once it had become final;
Recalling that the admissible applicant’s complaints in this case concerned inhuman and degrading conditions of his detention (complaint under Article 3), length of the pre-trial detention (complaint under Article 5§3) and censorship of his letter sent to the former European Commission of Human Rights (complaint under Article 8);
Whereas in this case the Court, having taken formal note of 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 this 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 this friendly settlement it was agreed that the government of the respondent state would pay the applicant the sum of 25,000 Polish zlotys in respect of any pecuniary and non-pecuniary damages as well as costs, within three months as from the notification of the judgment;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards 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, friendly settlement or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 29 January 2004, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicant the sum provided for in the friendly settlement and that no other measure was required in this case to comply with the Court’s judgment;
Having examined the information supplied by the government of Poland,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case;
DECIDES to close the examination of this case.
[1] Adopted by the Committee of Ministers on 2 April 2009 at the 1051st meeting of the Ministers’ Deputies
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