FOURTH SECTION
DECISION
Application no. 26017/09
by Paweł MAŁKOWSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 6 September 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 16 April 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Paweł Małkowski, is a Polish national who was born in 1976 and lives in Gdańsk. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
On 14 February 2011 the President of the Fourth Section decided to communicate the applicant’s complaints under Article 3 of the Convention concerning the quality of the medical care afforded to him in detention and under Article 5 of the Convention concerning the length of his pre-trial detention.
THE LAW
On 25 June 2011 the Court received the following declaration signed by the applicant:
“I, Paweł Małkowski, note that the Government of Poland are prepared to pay me, with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights, the sum of PLN 16,500 (sixteen thousand five hundred Polish zlotys), 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 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.”
On 29 June 2011 the Court received the following declaration from the Government:
“I, Jakub Wołąsiewicz, Agent of the Polish Government, declare that the Government of Poland offer to pay Mr Paweł Małkowski, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 16,500 (sixteen thousand five hundred Polish zlotys), 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 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.”
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