FOURTH SECTION

DECISION

Application no . 37508/13 Marek ÅšLIWKA against Poland

The European Court of Human Rights ( Fourth Section ), sitting on 31 May 2016 as a Committee composed of:

Iulia Motoc , President , Krzysztof Wojtyczek, Gabriele Kucsko-Stadlmayer , judges ,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 5 April 2013 ,

Having regard to the declaration submitted by the respondent Government on 7 April 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

The applicant, Mr Marek Åšliwka , is a Polish national, who was born in 1966 and lives in SÅ‚ubice .

The Polish Government (“the Government”) wer e represented by their Agent, M s Justyna 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 .

The application was communicated to the Government.

After unsuccessful friendly-settlement negotiations, by letter dated 7 April 2016 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application:

“... the Government hereby wish to express – by way of the unilateral declaration ‑ their acknowledgment of systematic 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 §§ 135 and 147 et seq.).

Consequently, the Government are prepared to pay to the applicant the sum of PLN 17,000 (seventeen thousand Polish zlotys) which they consider to be reasonable in the light of the Court ’ s case law. 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. The sum referred to above includes PLN 4,000 (four thousand Polish zlotys), which is to cover costs and expenses of the proceedings before the domestic courts and which are payable by the applicant to the State Treasury on account of the judgment of the Gorz ó w Wielkopolski Regional Court of 23 April 2012 (case no. I C 47/09). 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 European Convention on Human Rights. 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 periods plus three percentage points. ...”

On 26 April 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

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 23 June 2016 .

FatoÅŸ Aracı Iulia Motoc              Deputy Registrar President