FOURTH SECTION
DECISION
Application no. 23011/07
by Wojciech ROSZKOWICZ
against Poland
The European Court of Human Rights (Fourth Section), sitting on 10 November 2009 as a Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
David Thór Björgvinsson,
Ledi Bianku,
Mihai Poalelungi, judges,
and Lawrence Early, Section Registrar,
Having regard to the above application lodged on 28 May 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Wojciech Roszkowicz, is a Polish national who was born in 1979. He is currently serving a prison sentence in Wołów prison. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 30 May 2005 the Świdnica District Court convicted the applicant of theft and sentenced him to 3 years’ imprisonment. On 27 June 2006 the Świdnica Regional Court upheld the first-instance judgment.
On 4 October 2006 the court assigned a legal-aid lawyer for the purposes of lodging a cassation appeal with the Supreme Court. In a letter to the court dated 17 October 2006 the lawyer informed the court that he had found no grounds on which to prepare a cassation appeal.
On 26 October 2006 the applicant requested the court to assign a new legal-aid lawyer to prepare a cassation appeal. On 6 December 2006 the Świdnica Regional Court refused the applicant’s request and informed him that it was open to him to hire a lawyer with a view to lodging a cassation appeal. The court did not inform the applicant of his further procedural rights.
COMPLAINTS
The applicant complained about the outcome and unfairness of the proceedings, in particular that the courts dealing with his case had wrongly established the facts and assessed the evidence.
The applicant further complained that as a result of the lawyer’s refusal to prepare a cassation appeal he had been denied an effective access to the Supreme Court.
THE LAW
On 19 September 2009 the Court received the following declaration from the Government:
“I declare that the Government of Poland offer to pay PLN 4,500 (four thousand five hundred Polish zlotys) to Mr Wojciech Roszkowicz 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 and 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 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 17 July 2009 the Court received the following declaration signed by the applicant:
“I, Wojciech Roszkowicz, note that the Government of Poland are prepared to pay me the sum of 4,500 (four thousand five hundred Polish zlotys) 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 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 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.
Lawrence EarlyNicolas Bratza
RegistrarPresident
Full & Egal Universal Law Academy