FOURTH SECTION

DECISION

Application no. 34121/04 by Krzysztof STROŃSKI against Poland

The European Court of Human Rights (Fourth Section), sitting on 16 October 2007 as a Chamber composed of:

Mr J. Casadevall , President , Mr G. Bonello , Mr K. Traja , Mr L. Garlicki , Ms L. Mijović , Mr J. Šikuta , Mrs P. Hirvelä, judges ,

and Mr T.L. Early , Section Registrar ,

Having regard to the above application lodged on 22 August 2004,

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 friendly settlement of the case,

Having deliberated, decides as follows:

THE FACT

The applicant, Mr Krzysztof Stroński, is a Polish national who was born in 1973 and lives in Wroclaw . The Polish Government (“the Government”) were represented by their Agent, Mr J. Woląsiewicz of the Ministry of Foreign Affairs.

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

The applicant, Mr Krzysztof Stroński, is a Polish national who was born in 1973 and lives in Wrocław .

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

On 16 October 2003 the Strzelce Opolskie District Court convicted the applicant of assault and proffering insults and sentenced him to six months ’ imprisonment.

The applicant, represented by legal-aid lawyer R.K., appealed.

On 12 March 2004 the Opole Regional Court dismissed the appeal. By a letter of the same date the court informed the applicant that a cassation appeal was available against this judgment.

On 22 April 2004 the court allowed the applicant ’ s request for the grant of legal aid, assigned R.K. to represent the applicant for the purposes of cassation proceedings and sent him a copy of the judgment with its written grounds.

By a letter of 5 May 2004 the lawyer refused to lodge a cassation appeal.

Apparently on 10 May 2004 the court requested him to reconsider his refusal.

By a letter of 19 May 2004 the lawyer confirmed his refusal.

On 8 June 2004 the court informed the applicant that the judgment had become final on 26 May 2004.

COMPLAINTS

The applicant complained under Article 6 § 1 of the Convention that the proceedings against him had been unfair in that the courts had wrongly assessed the evidence and failed to establish the facts of the case correctly.

He further complained under Article 13 that he had been deprived of access to court as he could not lodge a cassation appeal, since a legal-aid lawyer had refused to prepare a cassation appeal on his behalf.

THE LAW

On 10 August 2007 the Court received the following declaration from the Government:

“I declare that the Government of Poland offer to pay 11,330 PLN to Mr Krzysztof STROŃSKI 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 a ny 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 17 September 2007 the Court received the following declaration signed by the applicant:

“ I, Krzysztof STROŃSKI , note that the Government of Poland are prepared to pay the sum of 11,330 PLN 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 a ny 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).

Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

T.L. Early Josep Casadevall Registrar President