FOURTH SECTION

DECISION

Application s no s . 29864/12 and 33195/12 Wiesław KUŹLAK against Poland

The European Court of Human Rig hts ( Fourth Section), sitting on 1 8 February 2014 as a Committee composed of:

George Nicolaou, President, Zdravka Kalaydjieva, Faris Vehabović , judges ,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application s lodged on 12 April 2012 and 2 April 2012 respectively ,

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

Having deliberated, decides as follows:

THE FACTS

The applicant , Mr Wiesław Kuźlak , is a Polish national, who was born in 1958. He is currently serving a prison sentence.

He is represented before the Court by Ms A. Sadowska and Mr Piotr Ra Å‚ , lawyer s practising in Warsaw.

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

The applicant complained that throughout his detention he had been held in overcrowded and unsanitary conditions. He further complained that no adequate arrangements had been made by the prison administration in respect of his blindness.

THE LAW

Given the ir similar factual and legal background, the Court decides that the two applications should be joined pursuant to Rule 42 § 1 of the Rules of Court.

On 20 December 2013 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 Wies Å‚aw Kuźlak , with a view to securing a friendly settlement of the above-mentioned case s pending before the European Court of Human Rights, PLN 6,600 (six thousand six hundred 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 s 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 s . ”

On 20 December 2013 the Court received the following declaration signed by the applicant ’ s lawyer :

“I, Piotr RaÅ‚ , note that the Government of Poland are prepared to pay WiesÅ‚aw Kuźlak , with a view to securing a friendly settlement of the above-mentioned case s pending before the European Court of Human Rights, PLN 6,600 (six thousand six hundred 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 s 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 my client, I would inform you that he accepts the proposal and waive s any further claims against Poland in respect of the facts giving rise to these application s . I declare that this constitutes a final resolution of the case s .”

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 join the applications ;

Decides to strike the application s out of its list of cases in accordance with Article 39 of the Convention.

Fatoş Aracı George Nicolaou Deputy Registrar President