FIRST SECTION

DECISION

Application no. 28776/19 Olivier PIELA against Poland

The European Court of Human Rights (First Section), sitting on 18 May 2021 as a Committee composed of:

Alena Poláčková , President, Péter Paczolay , Gilberto Felici , judges, and Liv Tigerstedt , Deputy Section Registrar ,

Having regard to the above application lodged on 6 May 2019,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Olivier Piela , is a Polish national, who was born in 1972 and is currently detained in Bydgoszcz- Fordon Prison.

The Polish Government (“the Government”) were represented by their Agent, Mr J. Sobczak , of the Ministry of Foreign Affairs.

The applicant complained under Article 8 § 1 of the Convention about the lack of respect of his private life with reference to the fact that toilet annexes in his prison cells were separated from the rest of the cells by plywood partitions some 1.2 meters high, which allowed prisoners using the toilets to be partially seen by others.

On 4 December 2020 and 6 October 2020 the Court received friendly ‑ settlement declarations signed by the parties, under which the applicant agreed to waive any further claims against Poland in respect of the facts giving rise to this application against an undertaking by the Government to pay him 3,460 (three thousand four hundred and sixty) euros to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant. This sum will be converted into Polish zlotys at the rate applicable on the date of payment and will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of the list of cases. In the event of failure to pay this sum within the said three ‑ month period, the Government undertook to pay simple interest on it, from the 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 LAW

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. In view of the above, it is appropriate 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 in accordance with Article 39 of the Convention.

Done in English and notified in writing on 10 June 2021 .

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Liv Tigerstedt Alena Poláčková Deputy Registrar President