FOURTH SECTION

DECISION

Application no . 30848/15 Marek Krzysztof BRONOWICKI against Poland

The European Court of Human Rights (Fourth Section), sitting on 24 January 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 18 June 2015,

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 Marek Krzysztof Bronowicki, is a Polish national, who was born in 1986 and lives in Pogalewo Małe. He was represented before the Court by Ms Bogdana Słupska-Uczkiewicz, a lawyer practising in Wrocław.

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, that he was a victim of degrading treatment in Wroc Å‚ aw Remand Centre , on account of the overcrowding and poor sanitary conditions in the cells in which he served his sentence. He also complains under Article 8 of the Convention that he was deprived of his right to privacy because the toilet annexes were not properly separated from the cells.

4. On 15 November and 17 November 2016 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Poland in respect of the facts giving rise to this application against an undertaking by the Government to pay him PLN 14,000 (fourteen thousand Polish zlotys) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to him. This sum will be payable within three months from the date of notification of the decision taken by the Court to strike the application out of the list. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from the 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.

THE LAW

5. 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 February 2017 .

Andrea Tamietti Nona Tsotsoria              Deputy Registrar President