THIRD SECTION

FINAL DECISION

Application no. 40698/98 by Tadeusz ORATOWSKI against Poland

The European Court of Human Rights (Third Section), sitting on 9 October 2003 as a Chamber composed of:

Mr G. Ress , President , Mr P. Kūris , Mr R. Türmen , Mr J. Hedigan , Mrs M. Tsatsa-Nikolovska , Mrs H.S. Greve , Mr L. Garlicki, judges , and Mr M . Villiger , Deputy Section Registrar ,

Having regard to the above application lodged with the European Commission of Human Rights on 24 January 1998,

Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court,

Having regard to the partial decision of 6 February 2003,

Having deliberated, decides as follows:

THE FACTS

The applicant, Tadeusz Oratowski, is a Polish national, who was born in 1955 and lives in Krak ό w. He is represented before the Court by Mr A. Włoch, a lawyer practising in Krakόw.

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

The applicant is a policeman by profession.

On 1 April 1993 he was arrested by the police on suspicion of aiding and abetting in homicide. On 2 April 1993 he was brought before J.B., a regional prosecutor from the Kraków Regional Prosecutor’s Office ( Prokuratura Wojewódzka ), charged with aiding and abetting in a murder and detained on remand.

On 7 September 1993 the Minister of the Interior ( Minister Spraw Wewnętrznych ) delivered a decision and allowed disclosure of certain classified documents (i.e. confidential police reports) for the purposes of investigation.

On 24 September 1993 the Kraków Regional Prosecutor modified the charges laid against the applicant into misappropriation, bribery and aiding and abetting in homicide.

On 29 October 1993 a bill of indictment against the applicant was submitted to the Kraków Regional Court.

The trial court held hearings on 17 and 18 March 1994.

On 3 March 1995 the applicant was released on bail.

On 28 April 1998 the Kraków Regional Court stayed the proceedings and decided to ask the Minister of the Interior to disclose further classified documents.

The case was subsequently transferred to the Kraków District Court. On 16 July 1999 the court again applied to the Minister of the Interior to disclose the classified information.

On 23 July 2002 the court held a hearing and heard evidence from one witness.

The proceedings are pending before the Kraków District Court.

COMPLAINT

The applicant complained under Article 6 of the Convention about the unreasonable length of the criminal proceedings against him.

THE LAW

On 5 June 2003 the Court received from the Polish Government a declaration that read, in so far as relevant:

“I declare that, with a view to securing a friendly settlement of the above-mentioned case, the Government of Poland offer to pay 20,000 zlotys to Tadeusz Oratowski. This sum is to cover any pecuniary and non-pecuniary damage as well as costs, and it will be payable within three months...This payment will constitute the final resolution of the case. ....”

On 24 June 2003 the Court received a declaration signed by the applicant’s representative that read, in its relevant part:

“I note that the Government of Poland are prepared to pay the sum of 20,000 zlotys covering pecuniary and non-pecuniary damage and costs to Tadeusz Oratowski with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

I accept the proposal and waive any further claims against Poland in respect of the facts of this application. I declare that this constitutes a final settlement of the case.

This declaration is made in the context of a friendly settlement which the Government and the applicant have reached. ...”

The Court takes note of the agreement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention or its Protocols (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of Court)

Accordingly, the case should be struck out of the list.

For these reasons, the Court unanimously

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

Mark Villiger Georg Ress              Deputy Registrar President