FOURTH SECTION
DECISION
Application no. 33482/14
Adam PŁOCHOCKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 4 April 2017 as a Committee composed of:
Nona Tsotsoria, President,
Krzysztof Wojtyczek,
Marko Bošnjak, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 23 October 2014,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
1. The applicant, Mr Adam Płochocki, is a Polish national, who was born in 1976 and is currently detained in Radom Remand Centre. He was represented before the Court by Mr Piotr Rał, a lawyer practising in Warsaw.
2. The Polish Government (“the Government”) were represented by their Agent, Ms Justyna Chrzanowska, of the Ministry of Foreign Affairs.
3. The applicant complained under Article 3 of the Convention about overcrowding and inadequate living conditions during his detention in Sosnowiec Remand Centre in the periods from 19 March to 1 April 2010 (14 days), from 28 April to 5 May 2010 (8 days), from 17 to 26 May 2010 (10 days) and from 4 to 15 June 2010 (12 days).
THE LAW
4. On 13 July 2016 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 to Adam Płochocki, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 4,500 (four thousand five 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.
The sum referred to above includes PLN 120 which is to cover costs and expenses of the proceedings before the Katowice Court of Appeal and which is payable by the applicant to the State Treasury on account of the judgment of the Katowice Court of Appeal of 3 April 2014 (case no. I ACa 17/14).
The payment is intended to provide the applicant with redress for the systemic violation of Article 3 of the Convention on account of the conditions of his detention, in particular overcrowding, as identified by the Court in the pilot judgment given in the case of Orchowski v. Poland (no. 17885/04) on 22 October 2009 (see paragraphs 135 and 147 et seq.).
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.”
5. On 16 February 2017 the Court received the following declaration signed by the applicant’s representative:
“I, Piotr Rał, note that the Government of Poland are prepared to pay to Adam Płochocki, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 4,500 (four thousand five hundrend 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.
The sum referred to above includes PLN 120 which is to cover costs and expenses of the proceedings before the Katowice Court of Appeal and which is payable by the applicant to the State Treasury on account of the judgment of the Katowice Court of Appeal of 3 April 2014 (case no. I ACa 17/14).
I further note that the payment constitutes redress for the systemic violation of Article 3 of the Convention on account of the conditions of the applicant’s detention, in particular overcrowding, as identified by the Court in the pilot judgment given in the case of Orchowski v. Poland (no. 17885/04) on 22 October 2009 (see paragraphs 135 and 147 et seq.).
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 the applicant, 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.”
6. 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 4 May 2017.
Andrea TamiettiNona Tsotsoria
Deputy RegistrarPresident
Full & Egal Universal Law Academy