FOURTH SECTION

DECISION

Application no . 34165/16 Tomasz FELBUR against Poland

The European Court of Human Rights (Fourth Section), sitting on 21 February 2017 as a Committee composed of:

Nona Tsotsoria, President, Krzysztof Wojtyczek, Marko Bošnjak , judges , and Andrea Tamietti , Deputy Section Registrar ,

Having regard to the above application lodged on 8 June 2016,

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

Having deliberated, decides as follows:

PROCEDURE

1. The applicant, Mr Tomasz Felbur , is a Polish national, who was born in 1985 and is currently detained in Szczecin Remand Centre. He was represented before the Court by Mr M. Jońca , a lawyer practising in Szczecin.

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

3. The applicant complained under Article 3 of the Convention about overcrowding and inadequate living conditions during his detention in Szczecin Remand Centre, Goleni ó w Prison and Nowogard Prison.

4. The application had been communicated to the Government .

THE LAW

5. On 25 November 2016 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 Tomasz Felbur , with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights PLN 19,120 ( nineteen thousand one hundred twenty Polish zlotys) 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. The sum referred to above includes PLN 120 (one hundred twenty Polish zlotys), which is to cover costs and expenses of the legal representation of the State Treasury in the domestic court, which the applicant owes to the State Treasury on account of the judgment of the Court of Appeal in Szczecin of 18 November 2015 (case nos. I Aca 5 3 0 /15 and I ACz 522/15).

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 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 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. ”

6. On 3 January 2017 the Court received the following declaration signed by the applicant:

“I, Miroslaw JoÅ„ca , note that the Government of Poland are prepared to pay to Tomasz Felbur , with a view to securing a f riendly settlement of the above ‑ mentioned case pending before the European Court of Human Rights, PLN 19,120 ( nineteen thousand one hundred twenty Polish zlotys) , 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. The sum referred to above includes PLN 120 (one hundred twenty Polish zlotys), which is to cover costs and expenses of the legal representation of the State Treasury in the domestic court, which the applicant owes to the State Treasury on account of the judgment of the Court of Appeal in Szczecin of 18 N ovember 2015 (case nos. I Aca 5 3 0 /15 and I ACz 522/15).

I further note that the payment constitutes redress for the systemic violation of Article 3 of the Convention on account of the conditions of the applicant ’ s 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 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.

Having consulted the applicant, I would inform you that he accepts the proposal and waives any further claims against Poland in respect of the facts giving rise to these applications. He declares that this constitutes a final resolution of the case.”

7. 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 16 March 2017 .

Andrea Tamietti Nona Tsotsoria              Deputy Registrar President