FOURTH SECTION
DECISION
Application no. 13571/10
Aleksander KOBIZ
against Poland
The European Court of Human Rights (Fourth Section), sitting on 10 March 2015 as a Committee composed of:
George Nicolaou, President,
Nona Tsotsoria,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 23 February 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Aleksander Kobiz, is a Russian national, who was born in 1956 and lives in Frombork. He was represented before the Court by Mr M. Kruża, a lawyer practising in Gdańsk.
The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska of the Ministry of Foreign Affairs. The Russian Government declared that they did not wish to exercise their right to intervene under Article 36 of the Convention.
The applicant complained under Article 2 § 2 of Protocol No. 4 to the Convention that the preventive measure of prohibition to leave the country, combined with seizure of his passport, had been applied to him for 4 years and almost 8 months and breached his right to freedom of movement.
THE LAW
On 10 October 2014 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 Aleksander Kobiz, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights PLN 12,500 (twelve thousand five hundred Polish zlotys) to cover any and all pecuniary and non‑pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant.
This sum 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 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 21 January 2015 the Court received the following declaration signed by the applicant:
“I, Marek Kruża, note that the Government of Poland are prepared to pay to Aleksander Kobiz, with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights, PLN 12,500 (twelve thousand five hundred Polish zlotys), to cover any and all pecuniary and non‑pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant.
This sum 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 my client, I would inform you that he accepts the proposal and waives any further claims against Poland in respect of the facts giving rise to this application. He declared 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. 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 2 April 2015.
Fatoş AracıGeorge Nicolaou
Deputy RegistrarPresident
Full & Egal Universal Law Academy