FOURTH SECTION

DECISION

Application no . 42365/11 Helena and Michał Ś CIRKO against Poland

The European Court of Human Rights (Fourth Section), sitting on 2 April 2013 as a Committee composed of:

Päivi Hirvelä , President, Ledi Bianku , Paul Mahoney , judges, and Fatoş Aracı, Deputy Section Registrar ,

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

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

Having deliberated, decides as follows:

PROCEDURE

The applicants, Ms Helena Åšcirko and Mr Micha Å‚ Åšcirko , are Polish nationals, who were born in 1963 and 1965 respectively and live in Dubiecko .

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

The applicants complained under Article 2 of the Convention about the State ’ s failure to carry out an effective investigation into the death of their son in a car accident.

THE LAW

On 23 January 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, to Ms Helena and Mr Micha Å‚ Åšcirko , with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 30,000 (thirty 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 applicants.

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 4 February 2013 the Court received the following declaration signed by the applicants:

“We, Ms Helena and Mr Micha Å‚ Åšcirko note that the Government of Poland are prepared to pay to both of us, with a view to securing a friendly settlement of the above ‑ mentioned case pending before the European Court of Human Rights, PLN 30,000 (thirty 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 us.

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.

We accept the proposal and waive any further claims against Poland in respect of the facts giving rise to this application. We 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.

Fatoş Aracı Päivi Hirvelä Deputy Registrar President