FIRST SECTION

DECISION

Application no. 32051/16 Ł ukasz Krzysztof WITCZAK against Poland

The European Court of Human Rights (First Section), sitting on 15 May 2018 as a Committee composed of:

Aleš Pejchal, President, Krzysztof Wojtyczek, Jovan Ilievski, judges, and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 20 May 2016,

Having regard to the declaration submitted by the respondent Government on 7 February 2018 requesting the Court to strike the application out of the list of cases and the applicant ’ s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Łukasz Krzysztof Witczak, is a Polish national, who was born in 1983 and is detained in Rzekuń.

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

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

On 21 September 2016 the application was communicated to the Government.

After unsuccessful friendly-settlement negotiations, by a letter dated 7 February 2018 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by the application.

The declaration provided as follows:

“The Government hereby wish to express – by way of the unilateral declaration – their acknowledgment of violation of Article 3 of the Convention by failure to afford the applicant adequate conditions of his detention.

Taking the above into account, the Government declare that they are ready to pay the applicant the following amounts they consider to be reasonable in the light of the Court ’ s case-law in similar cases. The Government is to pay the amount of 5,400 PLN (five thousand four hundred Polish zlotys) which is to cover any pecuniary and non ‑ pecuniary damage as well as an amount to cover costs and expenses adjudicated in the sum of 4,500 PLN (four thousand five hundred Polish zlotys) in the domestic proceedings payable by the applicant to the State Treasury on account of a judgment of the Warszawa Court of Appeal of 24 April 2014 (case no. I A Ca 1606/13) and the decision of the Supreme Court of 18 November 2015 (case no. I CSK 380/15) to the extent they were actually incurred by the applicant.

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 121of the Act on Court Fees in Civil Cases.

The payment is intended to provide the applicant with redress for the systematic 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 Orchowski v. Poland (no. 17885/04) on 22 October 2009 (see paragraphs 135 and 147 et seq.).

This sum 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 marginal lending rate of the European Central Bank during the default periods plus three percentage points”

The Government further requested the Court to strike the application out of its list of cases.

On 3 March 2018, the Court received a letter from the applicant informing the Court that he had agreed to the terms of the Government ’ s declaration.

THE LAW

The Court finds that following the applicant ’ s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.

It therefore 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 pursuant to Article 39 of the Convention.

Done in English and notified in writing on 7 June 2018 .

             Renata Degener AleÅ¡ Pejchal              Deputy Registrar President