CHUDZIKOWSKI v. POLAND (European Court of Human Rights)

FIRST SECTION
DECISION
Application no. 11570/18
Kazimierz CHUDZIKOWSKI
against Poland

The European Court of Human Rights (First Section), sitting on 17 September 2019 as a Committee composed of:

Aleš Pejchal, President,
Tim Eicke,
Jovan Ilievski, judges,

and Renata Degener, Deputy Section Registrar,

Having regard to the above application lodged on 28 February 2018,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1.  The applicant, Mr Kazimierz Chudzikowski, is a Polish national, who was born in 1962 and lives in ZąbkowiceŚląskie. He was represented before the Court by Mr Piotr Rał, a lawyer practising in Warszawa.

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

3.  The applicant complained under Article 3 of the Convention about conditions of his detention in Wołów Prison from 28 March to 28 May 2008, from 27 April 2009 to 10 February 2010 and from 1 September 2010 to 11 February 2011.

4.  On 26 April 2019 the Court received the following declaration from the Government:

“I, Jan Sobczak, Agent of the Government, declare that the Government of Poland offer to pay to Kazimierz Chudzikowski, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, the amount of PLN 10,200 (ten thousand two hundred Polish zlotys) which is to cover any pecuniary and non-pecuniary damage, as well as an amount to cover costs and expenses adjudicated in the sum of PLN 7,440 (seven thousand four hundred forty Polish zlotys) which is to cover the cost of the proceedings on account of the judgments of the Wrocław Regional Court (I C 373/12) of 15 March 2017 and the Wrocław Court of Appeal (I ACa 911/17) of 1 September 2017 to the extent they were actually incurred by the applicant.

The sums referred to above will be free of any taxes that may be applicable.

To the extent the above mentioned adjudicated costs and expenses were not incurred, the applicant is entitled to request that they be cancelled in accordance with Article 57a of the Act on Public Finances and/or Article 121 of the Act on Court Fees in Civil Cases.

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.).

These sums will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay these sums within the said three-month period, the Government undertake to pay simple interest on them, 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.”

5.  On 25 June 2019 the Court received the following declaration from the applicant’s lawyer:

“I, Piotr Rał, note that the Government of Poland are prepared to pay to Kazimierz Chudzikowski, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, the amount of PLN 10,200 (ten thousand two hundred Polish zlotys) which is to cover any pecuniary and non-pecuniary damage, as well as an amount to cover costs and expenses adjudicated in the sum of PLN 7,440 (seven thousand four hundred forty Polish zlotys) which is to cover the cost of the proceedings on account of the judgments of the Wrocław Regional Court (I C 373/12) of 15 March 2017 and the Wrocław Court of Appeal (I ACa 911/17) of 1 September 2017 to the extent they were actually incurred by the applicant.

The sums referred to above will be free of any taxes that may be applicable.

To the extent the above mentioned adjudicated costs and expenses were not incurred, the applicant is entitled to request that they be cancelled in accordance with Article 57a of the Act on Public Finances and/or Article 121 of the Act on Court Fees in Civil Cases.

I further note that the payment constitutes redress for the systemic violation of Article 3 of the Convention on account of the conditions of the applicant’s 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.).

These sums will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay these sums within the said three-month period, the Government undertake to pay simple interest on them, 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.

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.”

THE LAW

6.  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. 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 in accordance with Article 39 of the Convention.

Done in English and notified in writing on 10 October 2019.

Renata Degener                                                     Aleš Pejchal
Deputy Registrar                                                       President

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