The applicant, Mr Andrzej Michalski, is a Polish national, who was born in 1978 and is detained in Barczewo Prison. The applicant prisoner complained under Article 3 of the Convention that he had waited eight years for the removal of a foreign object from his eye. He also complained under Article 6 of the Convention about the domestic court\u2019s refusal to grant him an exemption from a court fee.<\/p>\n
FIRST SECTION
\nDECISION<\/p>\n
Application no. 78851\/16
\nAndrzej MICHALSKI
\nagainst Poland<\/p>\n
The European Court of Human Rights (First Section), sitting on 13\u00a0November 2018 as a Committee composed of:<\/p>\n
Ksenija Turkovi\u0107, President,
\nKrzysztof Wojtyczek,
\nPauliine Koskelo, judges,
\nand Abel Campos, Section Registrar,<\/p>\n
Having regard to the above application lodged on 12 December 2016,<\/p>\n
Having regard to the declaration submitted by the respondent Government on 28 February 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. The applicant, Mr Andrzej Michalski, is a Polish national, who was born in 1978 and is detained in Barczewo Prison.<\/p>\n 2.\u00a0\u00a0The Polish Government (\u201cthe Government\u201d) were represented by their Agent, Ms J. Chrzanowska, and subsequently by\u00a0Mr J. Sobczak, of the Ministry of Foreign Affairs.<\/p>\n 3.\u00a0\u00a0The applicant prisoner complained under Article 3 of the Convention that he had waited eight years for the removal of a foreign object from his eye. He also complained under Article 6 of the Convention about the domestic court\u2019s refusal to grant him an exemption from a court fee.<\/p>\n 4.\u00a0\u00a0The application had been communicated to the Government.<\/p>\n THE LAW<\/strong><\/p>\n 5.\u00a0\u00a0After the failure of attempts to reach a friendly settlement, by a letter of 28 February 2018 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by the application. They further requested the Court to strike out the application in accordance with Article\u00a037 of the Convention.<\/p>\n The declaration provided as follows:<\/p>\n \u201cThe Government hereby wish to express \u2013 by way of unilateral declaration \u2013 their acknowledgment of violation of Article 3 and Article 6 (1) of the Convention (the\u00a0removal of a foreign object from the applicant\u2019s eye during his stay in prison as well as the refusal to exempt him from the court fees).<\/p>\n Simultaneously, the Government declare that they are ready to pay the applicant the sum of PLN 10,000 which they consider to be reasonable in the lights of the Court\u2019s case-law in similar cases. The sum referred to above, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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 pursuant to Article 37 \u00a7 1 of the Convention. 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.\u201d<\/p>\n 6.\u00a0\u00a0By a letter of 20 August 2018, the applicant essentially indicated that he was not satisfied with the terms of the unilateral declaration.<\/p>\n 7.\u00a0\u00a0The Court reiterates that Article\u00a037 of the Convention provides that it may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to one of the conclusions specified, under (a), (b) or (c) of paragraph 1 of that Article. Article\u00a037\u00a0\u00a7\u00a01\u00a0(c) enables the Court in particular to strike a case out of its list if: \u201cfor any other reason established by the Court, it is no longer justified to continue the examination of the application\u201d.<\/p>\n 8.\u00a0\u00a0It also reiterates that in certain circumstances, it may strike out an application under Article\u00a037\u00a0\u00a7\u00a01\u00a0(c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued.<\/p>\n 9.\u00a0\u00a0To this end, the Court has examined the declarationin the light of the principles emerging from its case-law, in particular the TahsinAcar judgment (Tahsin Acar v. Turkey (preliminary objections) [GC], no.\u00a026307\/95, \u00a7\u00a7 75-77, ECHR 2003-VI; WAZA Sp. z o.o. v. Poland (dec.), no.\u00a011602\/02, 26\u00a0June\u00a02007; and Sulwi\u0144ska v. Poland (dec.), no. 28953\/03, 18\u00a0September\u00a02007).<\/p>\n 10.\u00a0\u00a0The Court has established in a number of cases, including those brought against Poland, its practice concerning complaints about the violation of Article 3 in the context of delayed non-emergency medical procedures (see, mutatis mutandis, Zarzycki v. Poland, no. 15351\/03, 12\u00a0March 2013; Todorov v. Ukraine, no. 16717\/05, 12 January 2012;Dumikyan v. Russia, no. 2961\/09, 13 December 2016; and Bujak v. Poland,no.\u00a0686\/12, 21 March 2017)and of Article 6 in the context of the restriction of the right of access to a court on account of excessive court fees (Kreuz\u00a0v.\u00a0Poland, no. 28249\/95, ECHR 2001\u2011VI; Podbielski and\u00a0PPU\u00a0Polpure v.\u00a0Poland, no. 39199\/98, 26 July 2005, Jedamski and Jedamska v. Poland, no.\u00a073547\/01, 26 July 2005; Kniat v. Poland, no.\u00a071731\/01, 26 July 2005 and Irena Stall v. Poland (strike out) no.\u00a05274\/06, 10 March 2009).<\/p>\n 11.\u00a0\u00a0Having regard to the nature of the admissions contained in the Government\u2019s declaration, as well as the amount of compensation proposed \u2013 which is consistent with the amounts awarded in similar cases \u2013 the Court considers that it is no longer justified to continue the examination of the application (Article\u00a037\u00a0\u00a7\u00a01\u00a0(c)).<\/p>\n 12.\u00a0\u00a0Moreover, in light of the above considerations, and in particular given the clear and extensive case-law on the topic, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 \u00a7 1 in fine).<\/p>\n 13.\u00a0\u00a0The Court considers that this amount should be paid within three months from the date of notification of the Court\u2019s decision issued in accordance with Article 37 \u00a7 1 of the European Convention on Human Rights. In the event of failure to settle within this period, simple interest shall be payable on the amount in question at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points.<\/p>\n 14.\u00a0\u00a0Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application could be restored to the list in accordance with Article\u00a037 \u00a7 2 of the Convention (Josipovi\u0107 v. Serbia (dec.), no. 18369\/07, 4\u00a0March 2008).<\/p>\n 15.\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 Takes note of the terms of the respondent Government\u2019s declaration under Articles 3 and 6 of the Convention and of the modalities for ensuring compliance with the undertakings referred to therein;<\/p>\n Decides to strike the application out of its list of cases in accordance with Article\u00a037\u00a0\u00a7\u00a01\u00a0(c) of the Convention.<\/p>\n Done in English and notified in writing on 6 December 2018.<\/p>\n Abel Campos\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 KsenijaTurkovi\u0107
\nRegistrar\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\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 President<\/p>\n