FIRST SECTION
\nDECISION<\/p>\n
Application no. 62105\/14
\nAndrzej PAWE\u0141KOWICZ
\nagainst Poland<\/p>\n
The European Court of Human Rights (First Section), sitting on 5\u00a0March\u00a02019 as a Committee composed of:<\/p>\n
KsenijaTurkovi\u0107, President,
\nKrzysztof Wojtyczek,
\nArmen Harutyunyan, judges,<\/p>\n
and Renata Degener, Deputy Section Registrar,<\/p>\n
Having regard to the above application lodged on 22 August 2014,<\/p>\n
Having regard to the declaration submitted by the respondent Government on 3 December 2018 requesting the Court to strike the application out of the list of cases and the applicant\u2019s reply to that declaration,<\/p>\n
Having deliberated, decides as follows:<\/p>\n
FACTS AND PROCEDURE<\/strong><\/p>\n 1.\u00a0\u00a0The applicant, Mr Andrzej Pawe\u0142kowicz, is a Polish national, who was born in 1958 and is detained in P\u0142ock.<\/p>\n 2.\u00a0\u00a0The Polish Government (\u201cthe Government\u201d) were represented by their Agents, Ms J. Chrzanowska and subsequently, by Mr J. Sobczak, of the Ministry of Foreign Affairs.<\/p>\n 3.\u00a0\u00a0The applicant complained under Article 8 of the Convention about the refusal to grant him leave to attend his grandchild\u2019s Holy Communion.<\/p>\n 4.\u00a0\u00a0The application was communicated to the Government.<\/p>\n 5.\u00a0\u00a0After unsuccessful friendly-settlement negotiations, by letter dated 3\u00a0December 2018 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application.<\/p>\n \u201c…The Government hereby wish to express \u2013 by way of the unilateral declaration \u2013 their acknowledgement of the fact that the right to respect for private and family life, as guaranteed by Article 8 of the Convention, was not respected by the refusal to grant the applicant leave to attend the Holy Communion of his grandson.<\/p>\n Simultaneously, the Government declare that they are ready to pay the applicant the sum of PLN 8,000 (eight thousand Polish zlotys) to cover any pecuniary and non-pecuniary damage as well as costs and expenses plus any tax that may be chargeable to the applicant. …<\/p>\n …<\/p>\n The sum will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 \u00a7 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 periods plus three percentage points.<\/p>\n …<\/p>\n … the Government\u2019s unilateral declaration contains an unconditional acknowledgement that in the present case there was a violation of Article 8 of the Convention.<\/p>\n …<\/p>\n … As transpires from the Government\u2019s unilateral declaration, they accepted paying to the applicant the sum of PLN 8,000 as just satisfaction in the event of the Court\u2019s striking the case out of its list.<\/p>\n …<\/p>\n Consequently, the Government are of the opinion that the circumstances of the above application may lead to the conclusion set out in sub-paragraph (c) of Article\u00a037\u00a0\u00a7 1 of the Convention, thus that it is no longer justified to continue the examination of the application in the light of the Government\u2019s unilateral declaration.\u201d<\/p>\n 6.\u00a0\u00a0The Government acknowledged a violation of the applicant\u2019s rights guaranteed by Article 8 of the Convention. They undertook to pay the applicant\u2019s 8,000\u00a0Polish zlotys to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook 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. They further requested the Court to strike out the application.<\/p>\n 7.\u00a0\u00a0On 15 January 2019, the Court received a letter from the applicant informing the Court that he had agreed to the terms of the Government\u2019s declaration.<\/p>\n THE LAW<\/strong><\/p>\n 8.\u00a0\u00a0The Court finds that following the applicant\u2019s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.<\/p>\n 9.\u00a0\u00a0It therefore 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.<\/p>\n 10.\u00a0\u00a0In 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 pursuant to Article\u00a039 of the Convention.<\/p>\n Done in English and notified in writing on 28 March 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 Ksenija Turkovi\u0107
\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 President<\/p>\n