FIRST SECTION
DECISION
Application no. 77632/16
Przemysław GRZYWNOWICZ
against Poland
The European Court of Human Rights (First Section), sitting on 26 June 2018 as a Committee composed of:
Aleš Pejchal, President,
Armen Harutyunyan,
Jovan Ilievski, judges,
and Abel Campos, Section Registrar,
Having regard to the above application lodged on 5 December 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Przemysław Grzywnowicz, is a Polish national, who was born in 1980 and lives in Kłecko. He was represented before the Court by Ms A. Łuczak, a lawyer practising in Poznań.
The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska, of the Ministry of Foreign Affairs.
The applicant complained under Article 3 of the Convention about overcrowding and inadequate living conditions during his detention in Gębarzewo Prison.
On 30 March 2018 the Court received the following declaration from the Government:
“I, Justyna Chrzanowska, Agent of the Government, declare that the Government of Poland offer to pay to Przemysław Grzywnowicz, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, EUR 1,500 (one thousand five hundred euros) which is to cover any pecuniary and non-pecuniary damage, as well as an amount to cover costs and expenses adjudicated in the sum of PLN 1,120 (one thousand one hundred twenty zlotys), which is to cover costs of the proceedings on account of the judgment of the Poznań Regional Court (I C 2062/11) of 10 September 2015 and Poznań Court of Appeal (IA Ca 1332/15) of 28 April 2016 to the extent they were actually incurred by the applicant.
The sum referred to above will be free of any taxes that may be applicable.
To the extent the above mentioned adjudicated costs and expenses were not incurred, the applicant is entitled to request that they be cancelled in accordance with Article 57a of the Act on Public Finances and/or Article 121of the Act on Court Fees in Civil Cases.
The payment is intended to provide the applicant with redress for the systematic violation of Article 3 of the Convention on account of the conditions of his detention, in particular overcrowding, as identified by the Court in the pilot judgment given in the case Orchowski v. Poland (no. 17885/04) on 22 October 2009 (see paragraphs 135 and 147 et seq.).
This sum will be converted into Polish zlotys at the rate applicable on the date of payment and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. 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 marginal lending rate of the European Central Bank during the default periods plus three percentage points. The payment will constitute the final resolution of the case.”
On 19 April 2018 the Court received the following declaration signed by the applicant’s representative:
“I, Aleksandra Łuczak, note that the Government of Poland are prepared to pay to Przemysław Grzywnowicz, with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights, EUR 1,500 (one thousand five hundred euros) which is to cover any pecuniary and non-pecuniary damage, as well as an amount to cover costs and expenses adjudicated in the sum of PLN 1,120 (one thousand one hundred twenty zlotys), which is to cover costs of the proceedings on account of the judgment of the Poznań Regional court (I C 2062/11) of 10 September 2015 and Poznań Court of Appeal (I A Ca 1332/15) of 28 April 2016 to the extent they were actually incurred by the applicant.
The sum referred to above will be free of any taxes that may be applicable.
To the extent the above mentioned adjudicated costs and expenses were not incurred, the applicant is entitled to request that they be cancelled in accordance with Article 57a of the Act on Public Finances and/or Article 121of the Act on Court Fees in Civil Cases.
The payment is intended to provide the applicant with redress for the systematic violation of Article 3 of the Convention on account of the conditions of his detention, in particular overcrowding, as identified by the Court in the pilot judgment given in the case (no. 17885/04) on 22 October 2009 (see paragraphs 135 and 147 et seq.).
This sum will be converted into Polish zlotys at the rate applicable on the date of payment and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. 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
Having consulted the applicant, I would inform you that he accepts the proposal and waives any further claims against Poland in respect of the facts giving rise to his application. He declares that this constitutes a final resolution of the case.”
THE LAW
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 19 July 2018.
Abel CamposAleš Pejchal
RegistrarPresident
Full & Egal Universal Law Academy