FOURTH SECTION

DECISION

Application no . 12120/11 Robert KWIEK against Poland

The European Court of Human Rights ( Fourth Section ), sitting on 10 February 2015 as a Committee composed of:

Nona Tsotsoria , President, Paul Mahoney , Krzysztof Wojtyczek , judges,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 6 February 2011 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Robert Kwiek , is a Polish national, who was born in 1964 and is detained in Warsaw .

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

A. The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

1. Criminal proceedings against the applicant

On an unspecified date in 1994 the applicant was arrested in Ukraine. On 11 November 1994 he was transferred to Poland and detained in the Lublin Remand Centre. Subsequently, he was detained in the Radom Remand Centre, the Warsaw-Białołę ka Remand Centre , the Tarnó w Prison and also the Rzeszó w Prison.

The applicant was convicted of several counts of murder and sentenced to life imprisonment.

2. Imposition of the so-called “dangerous detainee” regime

On 11 November 1994 the Lublin Remand Centre Penitentiary Commission ("the Commission") imposed on the applicant the “dangerous detainee” regime. The commission referred to the fact that the applicant had been searched by a wanted notice. The commission reviewed and upheld its decision classifying the applicant as a “dangerous detainee” on several occasions. It referred to the fact that the applicant had been charged with numerous offences. It also stressed the applicant ’ s lack of moral character ( poziom zdemoralizowania )

It appears that the applicant appealed against two of the decisions.

On 14 December 2010 the Radom Regional Court dismissed the applicant ’ s appeal against the Radom Remand Centre Penitentiary Commission ’ s decision issued on an unknown date in 2010. The court held that the decision had been lawful and fully justified as the applicant had been several times convicted of murder and was sentenced to life imprisonment.

On 20 September 2011 the Lublin Regional Court dismissed the applicant ’ s appeal against the Lublin Remand Centre Penitentiary Commission ’ s decision of 7 July 2011. The court held that the decision was lawful. The court referred to the fact that the applicant had been previously convicted, the gravity of committed offences, his lack of moral character and his attitude.

On 3 October 2012 the Lublin Remand Centre Penitentiary Commission lifted the “dangerous detainee” off the applicant.

B. Relevant domestic law and practice

The relevant domestic law and practice concerning the monitoring of “dangerous detainees” and personal check are set out in the Court ’ s judgments in the cases of Piechowicz v. Poland (no. 20071/07, §§ 110-117, 17 April 2012), and Horych v. Poland (no . 13621/08, §§ 49-56, 17 April 2012).

COMPLAINT S

1. The applicant complain ed under Article 3 of the Convention that the imposition of the “dangerous detainee” regime on him amounted to inhuman and degrading treatment and was in breach of this provision.

2. He also complain ed under Articles 6 and 13 of the Convention that the proceedings before the penitent iary commission were unfair, that he was not represented by a lawyer and that he did not have an effective remedy to appeal against the commission ’ s decisions

THE LAW

On 19 November 2014 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 Robert Kwiek, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 40,000 (forty thousand 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.

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. ”

On 8 December 2014 the Court received the following declaration signed by the applicant:

“ I, Robert Kwiek, note that the Government of Poland are prepared to pay me with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 40,000 (forty thousand 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 me.

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.

I accept the proposal and waive any further claims against Poland in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case. ”

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 5 March 2015 .

Fatoş Aracı Nona Tsotsoria Deputy Registrar President