FIRST SECTION
DECISION
Application no. 1927/19
Robert SENDŁAK
against Poland
The European Court of Human Rights (First Section), sitting on 16 March 2021 as a Committee composed of:
Alena Poláčková, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to the above application lodged on 3 December 2018,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Robert Sendłak, is a Polish national, who was born in 1978 and lives in Zabrze. He was represented before the Court by Ms A. Myga, a lawyer practising in Katowice.
The Polish Government (“the Government”) were represented by their Agent, Mr J. Sobczak, of the Ministry of Foreign Affairs.
The applicant complained under Article 8 of the Convention about the infringement of his right to privacy and dignity due to inadequate separation of the toilet annexes from the rest of the cells in Wrocław Prison in which he was serving his sentences.
On 4 and 17 December 2020 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Poland in respect of the facts giving rise to this application against an undertaking by the Government to pay him 2,600 (two thousand six hundred) euros 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. This sum will be converted into Polish zlotys at the rate applicable on the date of payment and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of the list of cases. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from the 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 LAW
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 15 April 2021.
Liv TigerstedtAlena Poláčková
Deputy RegistrarPresident
Full & Egal Universal Law Academy