by Krzysztof JANEK
The European Court of Human Rights (Fourth Section), sitting on 13 January 2009 as a Chamber composed of:
David Thór Björgvinsson,
Mihai Poalelungi, judges,
and Lawrence Early, Section Registrar,
Having regard to the above application lodged on 14 October 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
The applicant, Mr Krzysztof Janek, is a Polish national who was born in 1983 and lives in Koronowo. The Polish Government (“the Government”) were represented by their Agent, Mr Jakub Wołąsiewicz of the Ministry of Foreign Affairs.
The facts of the case, as submitted by the parties, may be summarised as follows.
Criminal proceedings against the applicant.
On 13 November 2002 the applicant was charged with battery and causing bodily harm.
On 26 March 2003 a bill of indictment against the applicant and four other suspects was lodged with the Bydgoszcz District Court.
The proceedings are still pending before the Bydgoszcz District Court.
2. Proceedings under the 2004 Act.
On an unspecified date in 2007 the applicant lodged a complaint with the Bydgoszcz Regional Court about a breach of his right to a trial within a reasonable time and claimed just satisfaction.
On 5 November 2007 the Bydgoszcz Regional Court, refusing to take into consideration the protracted length of the proceedings occurring before 17 September 2004 (i.e. the date of entry into force of the 2004 Act), found that the proceedings had lasted an excessively long time. It held, in particular, that there was a period of inactivity on the part of the Bydgoszcz District Court from 16 November 2005 to 23 July 2007. However, it refused the applicant's claim for compensation. The court held that the applicant had failed to provide sufficient arguments to justify his claim for compensation.
The applicant complained under Article 6 § 1 of the Convention about the unreasonable length of the proceedings.
The applicant further complained that the excessive length of the criminal proceedings had resulted in a breach of Article 3 of the Convention.
He also alleged that Article 13 of the Convention had been breached, as he had had no remedy at his disposal to appeal against the judgment of 5 November 2007.
Lastly, relying on Article 2 of Protocol No. 1 to the Convention, the applicant complained that he had been unable to continue his education and obtain a profession due to his detention.
On 13 November 2008 the Court received the following declaration from the Government:
““I declare that the Government of Poland offer to pay PLN 11,800 to Mr Krzysztof Janek 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. 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 29 September 2008 the Court received the following declaration, signed by the applicant:
“I, Krzysztof Janek, note that the Government of Poland are prepared to pay me the sum of PLN 11,800 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 Early Nicolas Bratza