FOURTH SECTION

DECISION

Application no . 61376/11 D.R . against Poland

The European Court of Human Rights ( Fourth Section ), sitting on 21 January 2014 as a Committee composed of:

Ledi Bianku , President, Paul Mahoney, Krzysztof Wojtyczek , judges, and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 21 September 2011 ,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr D.R. , is a Polish national, who was born in 1975 and lives in Wroclaw . The President granted the applicant ’ s request for his identity not to be disclosed to the public (Rule 47 § 3). He was represented before the Court by Mr S. Waliduda , a lawyer practising in Wrocław .

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

The applicant complained under Articles 3 and 14 of the Convention about the allegedly discriminatory character of ill ‑ treatment to which he had been subjected at the hands of prison officers while detained at the WrocÅ‚aw Remand Centre.

THE LAW

On 9 October 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 Mr [ D . R .] , with a view to securing a friendly settlement of the above - mentioned case pending before the Euro pean Court of Human Rights, PLN 29,200 (twenty-nine thousand two 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. The sum referred to above includes PLN 7,200 (seven thousand two hundred 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 t he Wrocław Regional Court of 15 February 2011 (case no. II Ca 1488/10).

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 14 October 2013 the Court received the following declaration signed by the applicant:

“ I, Sławomir Waliduda , note that the Government o f Poland are prepared to pay Mr [ D . R .] , with a view to securing a friendly settlement of the above - mentioned case pending before the European Court of Human Rights, PLN 29,200 (twenty-nine thousand two 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. The sum referred to above includes PLN 7,200 (seven thousand two hundred 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 Wrocław Regional Court of 15 February 2011 (case no. II Ca 1488/10).

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.

Having consulted my client, I would inform you that he accepts the proposal and waives any further claims against Poland in respect of the facts giving rise to this application. He declares 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.

Fatoş Aracı Ledi Bianku Deputy Registrar President