FOURTH SECTION
DECISION
Application no. 28978/15
Dariusz PUKACZ
against Poland
The European Court of Human Rights (Fourth Section), sitting on 30 August 2016 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 20 September 2010,
Having regard to the declaration submitted by the respondent Government on 10 May 2016 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Dariusz Pukacz, is a Polish national, who was born in 1976 and lives in Krzywaniec.
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 the conditions of his detention in Krzywaniec Prison.
4. The application was communicated to the Government.
5. After unsuccessful friendly-settlement negotiations, by letter dated 10 May 2016 the Government informed the Court that they proposed to make the following declaration with a view to resolving the issues raised by the application:
“...the Government hereby wish to express – by way of the unilateral declaration – their acknowledgement that there was a violation of Article 3 due to inadequate conditions of the applicant’s detention. Simultaneously, they declare that they are ready to pay the applicant the sum of PLN 3 000 which they consider to be reasonable in the light of the individual circumstances of the present case, as well as the Court’s case-law in similar cases (Bojar v. Poland, application no. 2173/13, decision of 2 July 2015; Nowak v. Poland, application no. 29522/13, decision of 25 June 2015; Przybylski v. Poland, application no. 8951/14, decision of 25 June 2015). The sum referred to above, 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 notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention of 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 periods plus three percentage points. ...”
6. The Government further requested the Court to strike the application out of its list of cases.
7. On 8 June 2016, the Court received a letter from the applicant stating that he agreed to the terms of the Government’s declaration.
THE LAW
8. The Court finds that following the applicant’s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.
9. It therefore 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 pursuant to Article 39 of the Convention.
Done in English and notified in writing on 22 September 2016.
Andrea TamiettiNona Tsotsoria
Deputy RegistrarPresident
Full & Egal Universal Law Academy