FOURTH SECTION
DECISION
Application no. 43064/08
by Erlet GMEREK
against Poland
The European Court of Human Rights (Fourth Section), sitting on 29 June 2010 as a Committee composed of:
Ljiljana Mijović, President,
Ledi Bianku,
Nebojša Vučinić, judges,
and Fatoş Aracı, Deputy SectionRegistrar,
Having regard to the above application lodged on 13 August 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Erlet Gmerek, is a Polish national who was born in 1970 and lives in Gdańsk. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
On 18 January 2010 the President of the Fourth Section decided to communicate the applicant's complaint under Article 6 § 1 of the Convention concerning the length of two sets of criminal proceedings. The first set commenced on 6 October 1999 and ended on 9 April 2008. The second set commenced on 19 October 2000 and is still pending before the first-instance court.
THE LAW
On 17 May 2010 the Court received the following declaration from the Government:
“I, Jakub Wołąsiewicz, Agent of the Polish Government, declare that the Government of Poland offer to pay PLN 16,000 (sixteen thousand Polish zlotys) to Mr Erlet Gmerek, 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 pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable and it will be payable within three months from the date of notification of the decision taken 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.”
On 17 May 2010 the Court received the following declaration signed by the applicant:
“I, Erlet Gmerek, note that the Government of Poland are prepared to pay me the sum of PLN 16,000 (sixteen 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 pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable and it will be payable within three months from the date of notification of the decision taken 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.”
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 AracıLjiljana Mijović
Deputy RegistrarPresident
Full & Egal Universal Law Academy