FOURTH SECTION
DECISION
Application no. 24126/06
by Robert MARACH
against Poland
The European Court of Human Rights (Fourth Section), sitting on 15 September 2009 as a Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
David Thór Björgvinsson,
Ledi Bianku,
Mihai Poalelungi, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 29 May 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Robert Marach, is a Polish national who was born in 1971 and lives in Bydgoszcz. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 30 April 2006 the Bydgoszcz District Court (Sąd Rejonowy) remanded the applicant in custody in connection with a criminal case pending at the time against the applicant.
On 20 May 2006 the applicant’s mother died.
The death certificate was issued on 22 May 2006.
On the same date the applicant made an application for leave to attend his mother’s funeral (the date of the funeral was not indicated). The applicant indicated in his application that he accepted to be escorted to the funeral by police or prison officers.
On 24 May 2006 the Bydgoszcz District Prosecutor (Prokuratura Rejonowa), in whose jurisdiction the applicant remained during the pre-trial proceedings, issued an order rejecting the applicant’s request. The prosecutor did not indicate any grounds for the refusal.
On 25 May 2006 the applicant appealed against the above decision.
On 12 June 2006 the Bydgoszcz District Prosecutor informed the applicant that no appeal had been possible against the order of 24 May 2006.
B. Relevant domestic law
Article 141a § 1 of the 1997 Code of Execution of Criminal Sentences reads as follows:
“In cases which are especially important for a convicted person, he or she may be granted permission to leave prison for a period not exceeding five days, if necessary under the escort of prison officers or other responsible persons (osoby godnej zaufania).”
COMPLAINT
The applicant, invoking Articles 3 and 6 of the Convention, complained of the authorities’ refusal to allow him to attend the funeral of his mother.
THE LAW
On 26 May 2009 the Court received the following declaration from the Government:
“I declare that the Government of Poland offer to pay 4,400 Polish zlotys (PLN) to Mr Robert Marach with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non‑pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It will be payable within three months from the date of the notification of the decision taken 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 also received the following declaration signed by the applicant:
“I, Robert Marach, note that the Government of Poland are prepared to pay me the sum of 4,400 Polish zlotys (PLN) with a view to securing a friendly settlement of the above mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It will be payable within three months from the date of the notification of the decision taken 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 constituted 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