Europejskiego Trybunału Praw Człowieka
z dnia 18 grudnia 2018 r.
Application no. 3222/16
The European Court of Human Rights (First Section), sitting on 18 December 2018 as a Committee composed of:
Tim Eicke, President,
Gilberto Felici, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 5 January 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Jarosław Jurgielewicz, is a Polish national, who was born in 1981 and lives in Przeźmierowo.
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 applicant complained under Articles 3 and 8 of the Convention that he was a victim of degrading treatment during his detention in the Wronki Prison from 12 November 2010 to 9 July 2013, on account of the lack of separation of the toilet annex which would be sufficient to offer minimum privacy in his cell.
4. On 5 October 2018 and 8 October 2018 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 4,000 EUR (four thousand euros) to cover any pecuniary and non–pecuniary damage as well as costs and expenses, which will be converted into Polish zlotys (PLN) at the rate applicable on the date of payment, and 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 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.
5. 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 24 January 2019.