FIRST SECTION
DECISION
Application no. 17570/18
Paweł DERESZ and others
against Poland
The European Court of Human Rights (First Section), sitting on 22 October 2019 as a Committee composed of:
Pere Pastor Vilanova, President,
Krzysztof Wojtyczek,
Pauliine Koskelo, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 13 April 2018,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. A list of the applicants is set out in the appendix.
2. The Polish Government (“the Government”) were represented by their Agent, Mr J. Sobczak of the Ministry of Foreign Affairs.
3. The applicants complained under Articles 8 and 13 of the Convention about the exhumation of their late relative’s remains which had been carried out against their will. They also complained that the prosecutor’s decision ordering exhumation had not been susceptible to any form of review.
4. On 10 June 2019 and 24 July 2019 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Poland in respect of the facts giving rise to this application against an undertaking by the Government to pay them 16,000 (sixteen thousand) euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Polish zlotys at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from the 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 LAW
5. 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. 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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 14 November 2019.
Renata DegenerPere Pastor Vilanova
Deputy RegistrarPresident
Appendix
No.
Applicant’s Name
Birth date
Represented by
Place of residence
1.
Paweł DERESZ
27/03/1937
B.Czechowicz,
A. Pietryka,
P. Kładoczny
Lipków
2.
Tadeusz SZYMANEK
25/10/1925
as above
Warsaw
3.
Katarzyna DERESZ-LEWANDOWSKA
06/07/1978
as above
Warsaw
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