FOURTH SECTION
DECISION
Application no. 63418/14
Marcin KUCHARSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 6 October 2015 as a Committee composed of:
Ledi Bianku, President,
Paul Mahoney,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 4 September 2014,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Marcin Kucharski, is a Polish national, who was born in 1978 and lives in Warsaw. He was represented before the Court by Mr R. Rynkun-Werner, a lawyer practising in Warsaw.
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 the lengthy imposition of the so-called “dangerous detainee regime” for a period of four years and five months.
THE LAW
On 26 June 2015 the Court received the following declaration signed by the applicant’s representative:
“I, Robert Rynkun-Werner, note that the Government of Poland are prepared to pay Mr Marcin Kucharski, with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights, PLN 30,000 (thirty thousand 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 declares that this constitutes a final resolution of the case.”
On 30 July 2015 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 Mr Marcin Kucharski, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 30,000 (thirty thousand 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.”
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 29 October 2015.
Fatoş AracıLedi Bianku
Deputy RegistrarPresident
Full & Egal Universal Law Academy