FIRST SECTION

DECISION

Application no. 48498/17 Jerzy DARMOCHWAŁ against Poland

The European Court of Human Rights (First Section), sitting on 17 December 2019 as a Committee composed of:

Tim Eicke, President, Jovan Ilievski , Raffaele Sabato , judges,

and Abel Campos , Section Registrar ,

Having regard to the above application lodged on 29 June 2017,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . The applicant, Mr Jerzy Darmochwał , is a Polish national, who was born in 1976 and is detained in Racibórz . He was represented before the Court by Mr D. Letkiewicz , a lawyer practising in Tarnowskie Góry .

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

3 . The applicant complained under Article 8 of the Convention about the lack of respect for his private life because of insufficient separation of toilet facilities in the cells in which he had been detained.

4 . On 4 July 2019 and 18 September 2019 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 1,800 euros (one thousand eight hundred) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Polish zlotys at the rate applicable on the date of payment, and 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. 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

5 . 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 16 January 2020 .

Abel Campos Tim Eicke Registrar President