FOURTH SECTION

DECISION

Application no . 38388/11 Andrzej PACEWICZ against Poland

The European Court of Human Rights (Fourth Section), sitting on 30 August 2016 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 6 June 2011,

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 Andrzej Pacewicz, is a Polish national, who was born in 1968 and lives in Choroszcz. He was represented before the Court by Ms Z. Daniszewska-Dek, a lawyer practising in Białystok.

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

3. The applicant complained under Article 5 § 1 of the Convention about the unlawfulness of his detention in a psychiatric hospital and about the length of the proceedings by which he sought to challenge the lawfulness of his deprivation of liberty.

4. On 16 June 2016 and 21 June 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 8,000 Polish zlotys to cover any and all pecuniary and non ‑ pecuniary damage as well as costs and expenses. This sum will be free of any taxes that may be applicable and it will be payable within three months from the date of notification of the decision taken by the Court.

5. 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

6. 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 22 September 2016 .

Andrea Tamietti Nona Tsotsoria              Deputy Registrar President