European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/2308.html
Cite as: [2011] ECHR 2308
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FOURTH SECTION
DECISION
Application no.
36944/09
by Marek MAŁKOWSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 13 December 2011 as a Committee composed of:
Päivi
Hirvelä,
President,
Ledi
Bianku,
Zdravka
Kalaydjieva,
judges
and
Fatoş Aracı, Deputy
Section Registrar,
Having regard to the above application lodged on 29 May 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Marek Małkowski, is a Polish national who was born in 1975 and is currently detained in Koszalin Remand Centre. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
The applicant complained under Article 6 § 1 of the Convention about the length of the criminal proceedings against him which commenced on 18 March 1998 and ended on 5 June 2009.
THE LAW
On 4 October 2011 the Court received the following declaration signed by the applicant:
“I, Marek Małkowski, note that the Government of Poland are prepared to pay me, with a view to securing a friendly settlement of the above mentioned case pending before the European Court of Human Rights, PLN 14,400 (fourteen thousand four hundred Polish zlotys), to cover any and all pecuniary and non pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to me.
This sum will be payable within three months from the date of notification of the decision 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.”
On 21 November 2011 the Court received the following declaration from the Government:
“I, Jakub Wołąsiewicz, Agent of the Government, declare that the Government of Poland offer to pay, to Mr Marek Małkowski, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 14,400 (fourteen thousand four hundred Polish zlotys), 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 payable within three months from the date of notification of the decision 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.”
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.
Fatoş
Aracı Päivi Hirvelä
Deputy
Registrar President