FIRST SECTION

DECISION

Application no. 11991/17 Sebastian BARTOSZEWSKI against Poland

The European Court of Human Rights (First Section), sitting on 19 June 2018 as a Committee composed of:

Aleš Pejchal , President, Krzysztof Wojtyczek, Jovan Ilievski , judges,

and Abel Campos , Section Registrar ,

Having regard to the above application lodged on 31 January 2017,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Sebastian Bartoszewski, is a Polish national, who was born in 1989 and is detained in Czarne Prison.

The Polish Government (“the Government”) were represented by their Agent, Ms Justyna Chrzanowska , of the Ministry of Foreign Affairs.

The applicant complained under Article 3 of the Convention about overcrowding and inadequate living conditions during his detention in GrudziÄ…dz .

THE LAW

On 29 March 2018 the Court received the following declaration from the Government:

“ I, Justyna Chrzanowska , Agent of the Government, declare that the Government of Poland offer to pay to Mr Sebastian Bartoszewski, with a view to securing a friendly settlement of the above mentioned case pending before the European Court of Human Rights, PLN 1,500 (one thousand five hundred Polish zlotys) which is to cover any and all pecuniary and non-pecuniary damage, as well as an amount to cover costs and expenses adjudicated in the sum of PLN 240 (two hundred forty Polish zlotys), which is to cover the cost of the proceedings on account of the judgment of the Grudziądz District Court (I C 870/14) of 23 June 2016 and the judgment of the Toruń Regional Court (VIII Ca 511/16) of 16 November 2016.

The sum 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.).

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 its list of cases. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, 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. ”

On 29 March 2018 the Court received the following declaration signed by the applicant:

“I, Sebastian Bartoszewski, 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, PLN 1,500 (one thousand five hundred Polish zlotys) which is to cover any and all pecuniary and non-pecuniary damage, as well as an amount to cover costs and expenses adjudicated in the sum of PLN 240 (two hundred forty Polish zlotys), which is to cover the cost of the proceedings on account of the judgment of the Grudziądz District Court (I C 870/14) of 23 June 2016 and the judgment of the Toruń Regional Court (VIII Ca 511/16) of 16 November 2016.

The sum 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 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.

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.).

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 its list of cases. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount 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 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 12 July 2018 .

Abel Campos AleÅ¡ Pejchal              Section Registrar President