FOURTH SECTION
DECISION
Application no. 39369/07
by Andrzej JAGÓDKA
against Poland
The European Court of Human Rights (Fourth Section), sitting on 10 November 2009 as a Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
David Thór Björgvinsson,
Ledi Bianku,
Mihai Poalelungi, judges,
and Lawrence Early, Section Registrar,
Having regard to the above application lodged on 28 August 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Andrzej Jagódka, is a Polish national who was born in 1977 and lives in Witanowice. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
The facts of the case, as submitted by the parties, may be summarised as follows. The application concerned four sets of proceedings:
On 7 April 2006 the Wadowice District Court convicted the applicant of drunk driving and sentenced him to one year’s imprisonment. On 16 August 2006 the Cracow Regional Court upheld the first-instance judgment. A cassation appeal was available. The applicant did not avail himself of it.
On 29 November 2006 the Wadowice District Court convicted the applicant of giving false testimonies and sentenced him to eight months’ imprisonment. On 20 March 2007 the Cracow Regional Court upheld the judgment. On a later unknown date the applicant requested that a legal‑aid lawyer be assigned to the case to prepare a cassation appeal. On 20 April 2007 the court assigned a legal-aid lawyer to the case. In a letter dated 28 May 2007 and served on the applicant on a later date the lawyer informed him that he had found no grounds on which to prepare a cassation appeal. The court did not inform the applicant of his further procedural rights.
On 10 January 2007 the Wadowice District Court convicted the applicant of drunk driving but decided not to impose a sentence on him. On 14 March 2007 the Cracow Regional Court upheld the first-instance judgment. A cassation appeal was not available.
On an unknown date in 2006 the applicant, who was serving a prison sentence at that time, filed a request for temporary leave. On 23 January 2007 the Cracow Regional Court dismissed his request. On 15 March 2007 the Cracow Court of Appeal dismissed his appeal against this decision.
COMPLAINTS
The applicant complained about the outcome and unfairness of the proceedings, in particular that the courts dealing with his case had wrongly established the facts and assessed the evidence.
The applicant further complained that in the second set of proceedings he had been denied an effective access to the Supreme Court.
THE LAW
On 19 September 2009 the Court received the following declaration from the Government:
“I declare that the Government of Poland offer to pay PLN 4,500 (four thousand five hundred Polish zlotys) to Mr Andrzej Jagódka 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 24 August 2009 the Court received the following declaration signed by the applicant:
“I, Andrzej Jagódka, note that the Government of Poland are prepared to pay me the sum of 4,500 (four thousand five hundred 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. 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.
Lawrence EarlyNicolas Bratza
RegistrarPresident
Full & Egal Universal Law Academy