FOURTH SECTION

DECISION

Application no . 7066/11 Tomasz POKRZYWKA against Poland

The European Court of Human Rights (Fourth Section), sitting on 9 October 2012 as a Committee composed of:

George Nicolaou , President, Ledi Bianku , Vincent A. D e Gaetano , judges, and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 25 January 2011,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Tomasz Pokrzywka , is a Polish national, who was born in 1985 and lives in Krasnystaw . He was represented before the Court by Mr M. Pawełczak , a lawyer practising in Lublin .

The Polish Government (“the Government”) were represented by their Agent, Ms Justyna Chrzanowska , Agent of the Government.

The applicant complained, referring to Article 3 of the Convention, that he had been ill-treated by the police. He alleged that the use of force against him had been disproportionate. He further complained that he had been tied up by straps at the sobering-up centre, which had caused him considerable pain. He averred that the investigation into the allegations of ill-treatment had been superficial.

THE LAW

On 17 August 2012 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 Tomasz Pokrzywka , with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 31,500 (thirty one thousand five 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 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 period plus three percentage points. The payment will constitute the final resolution of the case.”

On 12 September 2012 the Court received the following declaration signed by the applicant :

“I, Marcin PaweÅ‚czak , note that the Government of Poland are prepared to pay Mr Tomasz Pokrzywka , with a view to securing a friendly settlement of the above ‑ mentioned case pending before the European Court of Human Rights, PLN 31,500 (thirty one thousand five 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 me.

This sum will be payable within three months from the date of notification of the decision by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 accept the proposal and waives 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.

Fatoş Aracı George Nicolaou Deputy Registrar President