FIRST SECTION
DECISION
Application no. 72274/13
Andrzej WÓJCIK and Michał MATKOWSKI
against Poland
The European Court of Human Rights (First Section), sitting on 21 May 2019 as a Committee composed of:
Aleš Pejchal, President,
Tim Eicke,
Raffaele Sabato, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 6 November 2013,
Having regard to the declaration submitted by the respondent Government on 9 January 2019 requesting the Court to strike the application out of the list of cases and the applicants’ reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicants, Mr Andrzej Wójcik and Mr Michał Matkowski, are Polish nationals, who were born in 1945 and 1959 respectively and live in Raszówka. They were represented before the Court by Mr I. Kamiński, a law professor from Warsaw (to whom the President of the Section has granted leave to represent the applicants before the Court).
2. The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska and, subsequently, by Mr J. Sobczak, of the Ministry of Foreign Affairs.
3. The applicants complained that their conviction for defamation constituted an unjustified and disproportionate interference with the freedom of expression under Article 10 of the Convention.
4. The application was communicated to the Government.
5. After unsuccessful friendly-settlement negotiations, by letter dated 9 January 2019 the Government informed the Court that they proposed to make a 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 of a violation of the applicants’ right to freedom of expression and therefore violation of Article 10 of the Convention.
In these circumstances, and having regard to the particular facts of the case, the Government declare that they offer to pay to each of the applicants sum of PLN 9,000 (nine thousand Polish zlotys) which they consider to be reasonable in the light of the Court’s own practice in similar cases concerning Article 10 of the Convention (e.g. the decision of 15 November 2011 in case Szczerbiak v. Poland, application no. 23665/09).
...
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 ruling 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 periods plus three percentage points.
...
... the Government’s unilateral declaration contains an unconditional acknowledgement of a violation of the applicants’ right to freedom of expression and therefore violation of Article 10 of the Convention.
...
... As transpires from the Government’s declaration, they accepted paying to each of the applicants the sum of PLN 9,000 as just satisfaction in the event of the Court’s striking the case out of its list.
...
Consequently, the Government are of the opinion that the circumstances of the above application may lead to the conclusion set out in sub-paragraph (c) of Article 37 § 1 of the Convention, thus that it is no longer justified to continue the examination of the application in the light of the Government’s unilateral declaration.”
6. The Government acknowledged a violation of the applicants’ rights guaranteed by Article 10 of the Convention. They undertook to pay to each of the applicants 9,000 Polish zlotys to cover any pecuniary and non‑pecuniary damage as well as costs and expenses, which 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. 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 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. They further requested the Court to strike out the application.
7. On 20 February 2019, the Court received a letter from the applicants’ informing the Court that they had agreed to the terms of the Government’s declaration.
THE LAW
8. The Court finds that following the applicants’ 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 13 June 2019.
Renata DegenerAleš Pejchal
Deputy RegistrarPresident
Full & Egal Universal Law Academy