FOURTH SECTION
DECISION
Applications nos. 29864/12 and 33195/12
Wiesław KUŹLAK
against Poland
The European Court of Human Rights (Fourth Section), sitting on 18 February 2014 as a Committee composed of:
George Nicolaou, President,
Zdravka Kalaydjieva,
Faris Vehabović, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above applications lodged on 12 April 2012 and 2 April 2012 respectively,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Wiesław Kuźlak, is a Polish national, who was born in 1958. He is currently serving a prison sentence.
He is represented before the Court by Ms A. Sadowska and Mr Piotr Rał, lawyers 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 that throughout his detention he had been held in overcrowded and unsanitary conditions. He further complained that no adequate arrangements had been made by the prison administration in respect of his blindness.
THE LAW
Given their similar factual and legal background, the Court decides that the two applications should be joined pursuant to Rule 42 § 1 of the Rules of Court.
On 20 December 2013 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 Wiesław Kuźlak, with a view to securing a friendly settlement of the above-mentioned cases pending before the European Court of Human Rights, PLN 6,600 (six thousand six 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 cases 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 cases.”
On 20 December 2013 the Court received the following declaration signed by the applicant’s lawyer:
“I, Piotr Rał, note that the Government of Poland are prepared to pay Wiesław Kuźlak, with a view to securing a friendly settlement of the above-mentioned cases pending before the European Court of Human Rights, PLN 6,600 (six thousand six 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 cases 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 these applications. I declare that this constitutes a final resolution of the cases.”
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 join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Fatoş AracıGeorge Nicolaou
Deputy RegistrarPresident
Full & Egal Universal Law Academy