European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2012/671.html
Cite as: [2012] ECHR 671
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FOURTH SECTION
DECISION
Application no.
62120/10
Zdzisław WIELGUS
against Poland
The European Court of Human Rights (Fourth Section), sitting on 27 March 2012 as a Committee composed of:
George Nicolaou,
President,
Ledi Bianku,
Vincent
A. De Gaetano, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 19 October 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Zdzisław Wielgus, is a Polish national who was born in 1956 and lives in Warszawa. He was represented before the Court by his wife Ms Joanna Wielgus. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
The applicant complained under Article 5 § 3 of the Convention about the excessive length of his detention pending trial which commenced on 4 October 2006 and ended on 30 September 2011.
THE LAW
On 3 February 2012 the Court received the following declaration signed by the applicant:
“I, Joanna Wielgus, note that the Government of Poland are prepared to pay Mr Zdzisław Wielgus, with a view to securing a friendly settlement of the above mentioned case pending before the European Court of Human Rights, PLN 24,000 (twenty four thousand 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. 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.
Having consulted the applicant, I would inform you that he accepts the proposal and waives any further claims against Poland in respect of the facts giving rise to this application. He declares that this constitutes a final resolution of the case.”
On 14 February 2012 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 Mr Zdzisław Wielgus, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 24,000 (twenty four thousand 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 George Nicolaou
Deputy
Registrar President