European Court of Human Rights

FOURTH SECTION

DECISION

Application no. 10872/10
by Rafał CYGAN
against Poland

The European Court of Human Rights (Fourth Section), sitting on 3 May 2011 as a Committee composed of:

Sverre Erik Jebens, President,
Lech Garlicki,
Vincent A. de Gaetano, judges,

and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 16 February 2010,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Rafał Cygan, is a Polish national who was born in 1983 and is currently detained in Warszawa Remand Centre. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

On 9 November 2010 the President of the Fourth Section decided to communicate the applicant’s complaint under Article 6 § 1 of the Convention, concerning the length of criminal proceedings which commenced on 23 November 2005 and are still pending before the first instance court.

THE LAW

On 16 December 2010 the Court received the following declaration signed by the applicant:

“I, Rafał Cygan, note that the Government of Poland are prepared to pay to me, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 10,700 (ten thousand seven hundred Polish zlotys), 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. 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 24 February 2011 the Court received the following declaration from the Government:

“I, Jakub Wołąsiewicz, declare that the Government of Poland offer to pay to Mr Rafał Cygan, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 10,700 (ten thousand seven hundred Polish zlotys), 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 Sverre Erik Jebens
Deputy Registrar President