FOURTH SECTION

DECISION

Application no. 29526/06 by Piotr WAWRZELSKI against Poland

The European Court of Human Rights (Fourth Section), sitting on 4 March 2008 as a Chamber composed of:

Nicolas Bratza , President, Lech Garlicki , Stanislav Pavlovschi , Ljiljana Mijović , David Thór Björgvinsson , Ján Šikuta , Päivi Hirvelä , judges,

and Fatoş Aracı, Deputy Section Registrar , Having regard to the above application lodged on 3 July 2006,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.

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

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Piotr Wawrzelski , is a Polish national who was born in 1961 . He is currently serving a prison sentence in Warszawa-Białołęka prison . The Polish Government (“the Government”) were r epresented by their Agent, Mr J. Wo łą siewicz .

The facts of the case, as submitted by the applicant, may be summarised as follows.

By a letter of 11 June 2006, filed with a domestic court on 12 June 2006, a legal-aid lawyer informed the court that he had examined the case file of the criminal proceedings against the applicant and that he had found no grounds on which to prepare a cassation appeal against the judgment of the appellate court.

By a letter of 20 June 2006, served on the applicant, who was at that time serving a prison sentence, on 26 June 2006, the court informed the applicant of the lawyer ’ s refusal and that the date for lodging a cassation appeal was to expire on 26 June 2006.

COMPLAINTS

The applicant complained under Article 6 § 1 of the Convention that he had been denied an effective access to the cassation court because his legal-aid lawyer had refused to prepare and lodge a cassation appeal. He had been informed of this refusal on the day on which the time-limit for doing so expired. These circumstances had infringed his right to a fair trial and resulted in his irrevocably losing an opportunity to institute cassation proceedings.

THE LAW

On 8 January 2008 the Court received the following declaration from the Government:

“ I declare that the Government of Poland offer to pay PLN 11,330 (eleven thousand three hundred and thirty Polish zlotys) to Mr Piotr Wawrzelski with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, 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 § 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. ”

On 4 February 2008 the Court received the following declaration signed by the applicant:

“ I note that the Government of Poland are prepared to pay me the sum of PLN 11,330 (eleven thousand three hundred and thirty Polish zlotys) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, 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 § 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. ”

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 discontinue the application of Article 29 § 3 and 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.

Fatoş Aracı Nicolas Bratza Deputy Registrar President