FIRST SECTION

DECISION

Application no. 4003/18 Albin Ł ukasz RYFCZYŃSKI against Poland

The European Court of Human Rights (First Section), sitting on 18 June 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 1 March 2018,

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 Albin Łukasz Ryfczyński , is a Polish national, who was born in 1979 and is detained in the Czerwony Bór Prison.

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 3 of the Convention that during his detention in Radom Remand Centre from 22 January 2005 to 22 September 2009 the conditions of his detention had been inadequate. In particular, he submitted that he had been held in overcrowded cells.

4. On 16 May 2019 the Court received the following declaration from the Government:

“I, Jan Sobczak, Agent of the Government, declare that the Government of Poland offer to pay to Albin Łukasz RyfczyÅ„ski , with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, the amount of EUR 7,800 (seven thousand eight hundred euros) which is to cover any pecuniary and non ‑ pecuniary damage, as well as the amount of PLN 2,000 (two thousand Polish zlotys) which is to cover the cost of the proceedings on account of the judgment of the Lublin Court of Appeal (I ACa 958/16) of 13 July 2017 to the extent they were actually incurred by the applicant.

The sums referred to above will be free of any taxes that may be applicable.

To the extent the above mentioned adjudicated costs and expenses were not incurred, the applicant is entitled to request that they be cancelled in accordance with Article 57a of the Act on Public Finances and/or Article 121 of the Act on Court Fees in Civil Cases.

The payment is intended to provide the applicant with redress for the systemic violation of Article 3 of the Convention on account of the conditions of his detention, in particular overcrowding, as identified by the Court in the pilot judgment given in the case of Orchowski v. Poland (no. 17885/04) on 22 October 2009 (see paragraphs 135 and 147 et seq.).

These sums will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases, whereas the former sum will be converted into Polish zlotys at the rate applicable on the date of payment. In the event of failure to pay these sums within the said three-month period, the Government undertake to pay simple interest on them, 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.”

5. On 16 May 2019 the Court received the following declaration from the applicant:

“I, Albin Łukasz RyfczyÅ„ski , note that the Government of Poland are prepared to pay me, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, the amount of EUR 7,800 (seven thousand eight hundred euros) which is to cover any pecuniary and non ‑ pecuniary damage, as well as the amount of PLN 2,000 (two thousand Polish zlotys) which is to cover the cost of the proceedings on account of the judgment of the Lublin Court of Appeal (I ACa 958/16) of 13 July 2017 to the extent they were actually incurred by me.

The sums referred to above will be free of any taxes that may be applicable.

To the extent the above mentioned adjudicated costs and expenses were not incurred, I am entitled to request that they be cance lled in accordance with Article 57a of the Act on Public Finances and/or Article 121 of the Act on Court Fees in Civil Cases.

I further note that the payment constitutes redress for the systemic violation of Article 3 of the Convention on account of the conditions of my detention, in particular overcrowding, as identified by the Court in the pilot judgment given in the case of Orchowski v. Poland (no. 17885/04) on 22 October 2009 (see paragraphs 135 and 147 et seq.).

These sums will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases, whereas the former sum will be converted into Polish zlotys at the rate applicable on the date of payment. In the event of failure to pay these sums within the said three-month period, the Government undertake to pay simple interest on them, 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.

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.”

THE LAW

6. 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