FIRST SECTION

DECISION

Application no. 8734/13 Marcin SOBOLEWSKI against Poland

The European Court of Human Rights (First Section), sitting on 18 J une 2019 as a Committee composed of:

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

and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 17 January 2013,

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 Marcin Sobolewski, is a Polish national, who was born in 1982 and lives in Warsaw. He was represented before the Court by Mr M. Korolczuk , a lawyer practising in Warsaw.

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 5 § 4 of the Convention about having been deprived of the possibility to challenge effectively the lawfulness of his detention on remand owing to the fact that his lawyer had not been given access to the investigation file. He submitted that the refusals to grant his lawyer access to the relevant part of the case file contravened the principle of equality of arms in the proceedings concerning the review of the lawfulness of his detention.

4. On 29 April 2019 and 9 May 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 3,250 (three thousand two hundred and fifty) 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. 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 11 July 2019 .

Renata Degener Tim Eicke Deputy Registrar President