FIRST SECTION
\nDECISION
\nApplication no. 11570\/18
\nKazimierz CHUDZIKOWSKI
\nagainst Poland<\/p>\n
The European Court of Human Rights (First Section), sitting on 17\u00a0September 2019 as a Committee composed of:<\/p>\n
Ale\u0161 Pejchal, President,
\nTim Eicke,
\nJovan Ilievski, judges,<\/p>\n
and Renata Degener, Deputy Section Registrar,<\/p>\n
Having regard to the above application lodged on 28 February 2018,<\/p>\n
Having regard to the formal declarations accepting a friendly settlement of the case,<\/p>\n
Having deliberated, decides as follows:<\/p>\n
FACTS AND PROCEDURE<\/strong><\/p>\n 1.\u00a0\u00a0The applicant, Mr Kazimierz Chudzikowski, is a Polish national, who was born in 1962 and lives in Z\u0105bkowice\u015al\u0105skie. He was represented before the Court by Mr Piotr Ra\u0142, a lawyer practising in Warszawa.<\/p>\n 2.\u00a0\u00a0The Polish Government (\u201cthe Government\u201d) were represented by their Agent, Mr J. Sobczak, of the Ministry of Foreign Affairs.<\/p>\n 3.\u00a0\u00a0The applicant complained under Article 3 of the Convention about conditions of his detention in Wo\u0142\u00f3w Prison from 28\u00a0March to 28\u00a0May 2008, from 27\u00a0April 2009 to 10 February 2010 and from 1\u00a0September 2010 to 11\u00a0February 2011.<\/p>\n 4.\u00a0\u00a0On 26 April 2019 the Court received the following declaration from the Government:<\/p>\n \u201cI, 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\u00a010,200 (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\u00a07,440 (seven thousand four hundred forty Polish zlotys) which is to cover the cost of the proceedings on account of the judgments of the Wroc\u0142aw Regional Court (I C 373\/12) of 15\u00a0March 2017 and the Wroc\u0142aw Court of Appeal (I\u00a0ACa 911\/17) of\u00a01\u00a0September 2017 to the extent they were actually incurred by the applicant.<\/p>\n The sums referred to above will be free of any taxes that may be applicable.<\/p>\n 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.<\/p>\n The payment is intended to provide the applicant with redress for the systemic violation of Article\u00a03 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.\u00a0Poland (no.\u00a017885\/04) on 22\u00a0October 2009 (see paragraphs\u00a0135 and 147 et seq.).<\/p>\n 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.\u201d<\/p>\n 5.\u00a0\u00a0On 25 June 2019 the Court received the following declaration from the applicant\u2019s lawyer:<\/p>\n \u201cI, Piotr Ra\u0142, 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\u00a010,200 (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\u00a07,440 (seven thousand four hundred forty Polish zlotys) which is to cover the cost of the proceedings on account of the judgments of the Wroc\u0142aw Regional Court (I\u00a0C 373\/12) of 15\u00a0March 2017 and the Wroc\u0142aw Court of Appeal (I\u00a0ACa 911\/17) of\u00a01\u00a0September 2017 to the extent they were actually incurred by the applicant.<\/p>\n The sums referred to above will be free of any taxes that may be applicable.<\/p>\n 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.<\/p>\n I further note that the payment constitutes redress for the systemic violation of Article\u00a03 of the Convention on account of the conditions of the applicant\u2019s detention, in particular overcrowding, as identified by the Court in the pilot judgment given in the case of Orchowski v.\u00a0Poland (no.\u00a017885\/04) on 22\u00a0October 2009 (see paragraphs\u00a0135 and\u00a0147 et seq.).<\/p>\n 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.<\/p>\n 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.\u201d<\/p>\n THE LAW<\/strong><\/p>\n 6.\u00a0\u00a0The 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.<\/p>\n For these reasons, the Court, unanimously,<\/p>\n Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.<\/p>\n Done in English and notified in writing on 10 October 2019.<\/p>\n Renata Degener\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Ale\u0161 Pejchal
\nDeputy Registrar\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n