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FOURTH SECTION

DECISION

Application no. 10305/11
Rafal ZYGMUNT
against Poland

The European Court of Human Rights (Fourth Section), sitting on 14 June 2012 as a Committee composed of:

              Päivi Hirvelä, President,
              Ledi Bianku,
              Zdravka Kalaydjieva, judges,
and Fatos Araci, Deputy Section Registrar,

Having regard to the above application lodged on 9 February 2011,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Rafal Zygmunt, is a Polish national, who was born in 1976 and lives in Wielen.

The Polish Government (“the Government”) were represented by their Agent, Mr J. Wolasiewicz of the Ministry of Foreign Affairs.

The applicant complained under Article 3 of the Convention about the conditions of his detention.

THE LAW

On 20 February 2012 the Court received the following declaration signed by the applicant:

“I, Rafal Zygmunt, 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 8,600 (eight thousand six 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. I further note that the payment constitutes redress for the systemic violation of Article 3 of the Convention on account of the conditions of my detention, in particular overcrowding, as identified by the Court in the pilot judgment given in the case of Orchowski v. Poland (no. 17885/04) on 22 October 2009 (see paragraphs 135 and 147 et seq.).

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 April 2012 the Court received the following declaration from the Government:

“I, Jakub Wolasiewicz, Agent of the Government, declare that the Government of Poland offer to pay, to Mr Rafal Zygmunt, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 8,600 (eight thousand six 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. The payment is intended to provide the applicant with redress for the systemic violation of Article 3 of the Convention on account of the conditions of his detention, in particular overcrowding, as identified by the Court in the pilot judgment given in the case of Orchowski v. Poland (no. 17885/04) on 22 October 2009 (see paragraphs 135 and 147 et seq.).

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.

              Fatos Araci              Päivi Hirvelä
              Deputy Registrar              President