FOURTH SECTION
DECISION
Application no. 8731/10
by Anna Maria ŁOCHIŃSKA-STAWIKOWSKA and Marek STAWIKOWSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 23 August 2011 as a Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Ljiljana Mijović,
Päivi Hirvelä,
Ledi Bianku,
Zdravka Kalaydjieva,
Nebojša Vučinić, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 27 January 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicants, Ms Anna Maria Łochińska-Stawikowska and Mr Marek Stawikowski, are Polish nationals who were born in 1968 and 1966 respectively and live in Jenin. They were represented before the Court by Mr J. Wierchowicz, a lawyer practising in Gorzów. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
The applicants complained that the investigation and judicial proceedings concerning criminal responsibility in connection with the medical care which the first applicant had received when giving birth to their son had lasted too long and ultimately proved ineffective. They relied on Article 2 of the Convention.
The President of the Fourth Section of the Court communicated the application to the respondent Government on 20 December 2010.
THE LAW
On 19 May 2011 the Court received the following signed declaration from the Government:
“I, Jakub Wołąsiewicz, Agent of the Government, declare that the Government of Poland offer to pay jointly to Ms Anna Łochińska-Stawikowska and to Mr Marek Stawikowski with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, EUR 12,000 (twelve thousand euros), plus any tax that may be chargeable to the applicants.
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 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 23 June 2011 the Court received the following declaration signed by the applicants:
“I, Jerzy Wierchowicz, note that the Government of Poland are prepared to pay jointly to Ms Anna Łochińska-Stawikowska and to Mr Marek Stawikowski, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, EUR 12,000 (twelve thousand euros), plus any tax that may be chargeable to the applicants.
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 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.
Having consulted my clients, I would inform you that they accept the proposal and waive any further claims against Poland in respect of the facts giving rise to this application. They 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.
Fatoş AracıNicolas Bratza
Deputy RegistrarPresident
Full & Egal Universal Law Academy