FIRST SECTION
DECISION
Application no. 38923/19
Andrew Peter SMITH
against Poland
(see appended table)
The European Court of Human Rights (First Section), sitting on 24 February 2022 as a Committee composed of:
Alena Poláčková, President,
Raffaele Sabato,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 23 July 2019,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table. He was represented by Mr B. Zygmont, a lawyer practising in Warsaw.
The applicant’s complaint under Article 5 § 3 of the Convention concerning the delay in bringing him before a judge following his surrender to the Polish authorities was communicated to the Polish Government (“the Government”).
The Court received the 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, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above‑mentioned three-month period, the Government undertake 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 the Protocols thereto 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 17 March 2022.
Viktoriya Maradudina Alena Poláčková
Acting Deputy Registrar President
APPENDIX
Application raising complaint under Article 5 § 3 of the Convention
(excessively long proceedings for judicial review of detention)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
38923/19
23/07/2019
Andrew Peter SMITH
1959
Bogumił Zygmont
Warsaw
17/01/2022
14/12/2021
5,000
[1] Plus any tax that may be chargeable to the applicant.