FOURTH SECTION

DECISION

Application no. 16113/09 by Patryk ZYCH against Poland

The European Court of Human Rights (Fourth Section), sitting on 12 April 2011 as a Committee composed of:

Ljiljana Mijović , President, Ledi Bianku , Nebojša Vučinić , judges, and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 20 March 2009,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Patryk Zych , is a Polish national who was born in 1982 and lives in Gniezno . He was rep resented before the Court by Mr J. Bigajczyk , a lawyer practising in Poznań . The Polish Government (“the Government”) were represented by their Agent, Mr J. Wo łą siewicz of the Ministry of Foreign Affairs .

The applicants complained under Article 5 § 4 of the Convention about the refusal of access to the investigation file in the initial phase of criminal proceedings.

On 19 November 2010 and 15 February 2011 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Poland in respect of the facts giving rise to this application against an undertaking by the Government to pay him 10,000 PLN (ten thousand Polish zlotys) with a view to securing a friendly settlement of the above-mentioned cases 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 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 undertook 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.

THE LAW

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 (Article 37 § 1 in fine of the Convention).

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.

Fatoş Aracı Ljiljana Mijović Deputy Registrar President