FOURTH SECTION

DECISION

Application no. 22322/03 by Marcin STELMACH against Poland

The European Court of Human Rights (Fourth Section), sitting on 25 September 2007 as a Chamber composed of:

Sir Nicolas Bratza , President , Mr J. Casadevall , Mr G. Bonello , Mr S. Pavlovschi , Mr L. Garlicki , Ms L. Mijović , Mr J. Šikuta, judges , and Mr T.L. Early , Section Registrar ,

Having regard to the above application lodged on 7 July 2003,

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 FACTS

The applicant, Mr Marcin Stelmach, is a Polish national who was born in 1976 and lives in Myszków. The Polish Government (“the Government”) were represented by their Age nt, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

On 31 August 2001 the applicant was arrested on suspicion of armed robbery. On 1 September 2001 he was remanded in custody.

On 21 June 2002 the Świdnica Regional Court found the applicant guilty on two counts of armed robbery. It sentenced him to five years ’ imprisonment.

The applicant, who was represented by a legal-aid lawyer, appealed against the judgment, arguing that it had been based on insufficient evidence. On 3 April 2003 the Katowice Court of Appeal dismissed the applicant ’ s appeal and upheld the contested judgment. The Court of Appeal considered that the Regional Court had thoroughly assessed the evidence and had carefully considered the applicant ’ s guilt.

The applicant requested that legal aid be granted to him.

By a decision of 1 September 2003 the court allowed his request and assigned lawyer E.K. to represent him for the purpose of cassation proceedings. Both the applicant and the lawyer received this decision on 10 September 2003.

By a letter of 7 October 2003 the lawyer informed the court that she had not found any grounds on which to lodge a cassation appeal.

By a letter of 14 October 2003 the court informed the applicant about her refusal. This letter was served on him on 20 October 2003.

The applicant complained to the court. By a letter of 26 November 2003 the Katowice Court of Appeal recalled the sequence of events connected with the grant of legal aid. It informed the applicant that the time-limit for the lodging of a cassation appeal had expired on 7 October 2003, the date on which the legal-aid lawyer had informed the court that she had failed to see any grounds on which to lodge such an appeal.

COMPLAINT

The applicant complained under Article 6 of the Convention about the unfairness of the proceedings. In particular, he alleged that the courts had lacked impartiality and that they had disregarded the evidence on his behalf, had reached untenable conclusions as to the facts and, as a result, had given erroneous decisions.

The applicant alleged that his absence at the hearing before the appellate court had made it impossible for him to defend himself in person and had rendered the appellate proceedings unfair.

The applicant complained that the legal-aid lawyer had refused to bring a cassation appeal on his behalf.

THE LAW

On 18 June 2007 the Court received the following declaration signed by the applicant:

“ I, Marcin STELMACH , 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. ”

On 20 August 2007 the Court received the following declaration from the Agent of the Government:

“I declare that the Government of Poland offer to pay 11,330 PLN to Mr Marcin STELMACH 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. ”

The Court takes note of the agreement reached between the parties and considers that the matter has been resolved (Article 37 § 1 (b) of the Convention). Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the examination of the application to be continued.

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 Nicolas Bratza Registrar President