FIRST SECTION

DECISION

Application no. 39801/15 Mariusz SOMLA against Poland

The European Court of Human Rights (First Section), sitting on 3 April 2018 as a Committee composed of:

Aleš Pejchal, President, Armen Harutyunyan, Jovan Ilievski, judges, and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 5 August 2015,

Having regard to the declaration submitted by the respondent Government on 20 September 2016 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

1. The applicant, Mr Mariusz Somla, is a Polish national, who was born in 1978 and is detained in Zabrze.

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

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

4. On 21 December 2015 the application was communicated to the Government.

5. After unsuccessful friendly-settlement negotiations, by letter dated 20 September 2016 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by the application.

6. 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 as regards the overcrowded detention conditions. Simultaneously, the Government declare that they are ready to pay the applicant the sum of PLN 500 which they consider to be reasonable in the light of the Court ’ s case –law in similar case. The sum referred to above, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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 pursuant to Article 37 § 1 of the Convention. 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”

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

8. On 25 October 2016, 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

9. 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.

10. 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.

11. 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 26 April 2018 .

             Renata Degener AleÅ¡ Pejchal              Deputy Registrar President