FIRST SECTION

DECISION

Application no. 26129/19 A.E. against Poland

The European Court of Human Rights (First Section), sitting on 17 January 2023 as a Committee composed of:

Lətif Hüseynov , President , Krzysztof Wojtyczek, Erik Wennerström , judges ,

and Liv Tigerstedt, Deputy Section Registrar,

Having regard to the above application lodged on 17 May 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, A.E., is a Russian national, who was born in 1982 and lives in Warsaw. The President of the Section to which the case had been allocated granted the applicant’s request for his identity not to be disclosed to the public (Rule 47 § 4 of the Rules of Court). He was represented before the Court by Mr B. Zygmont , a lawyer practising in Warsaw.

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

3. The applicant complained under Articles 2, 8 and 13 of the Convention that he was at risk of expulsion to Chechnya in Russia where he would be persecuted by the political regime; that the expulsion would separate him from his family in Poland; and that his pending application for a refugee status did not have any suspensive effect.

4. On 17 May 2019 the applicant requested the Court, under Rule 39 of the Rules of Court, to stay his deportation to Russia and, on the same day, the Court (the duty judge) granted that request.

5. On 17 June 2019 the interim measure was extended. Subsequently, on 8 January and 8 December 2020, and on 25 February and 8 March 2022, the Court (the duty judge) confirmed the application of the measure in response to, on the one hand, several requests submitted by the Government to have the measure lifted given developments in the domestic proceedings, and, on the other hand, to replies submitted by the applicant.

6. The interim measure was ultimately lifted on 7 July 2022 because on 21 April 2022 the Minister of Interior had declared that his decision dated 10 May 2019 had expired, with the effect that the applicant was no longer under an obligation to leave Poland.

7. On 1 August 2022 the applicant informed the Court that the matter had been resolved given that he was now legally residing in Poland, without any proceedings for his deportation being under way.

8. The applicant agreed to have his application struck out of the Court’s list of cases against an undertaking by the Government to reimburse him the costs of his legal representation before the Court in the amount of 15,000 euros (EUR). Six invoices, issued by the applicant’s representative between 2019 and 2021, each for EUR 2,500, were attached to this claim.

9. On 15 September 2022 the Government invited the Court to reject the applicant’s claim on the ground that the complaints had not led to the finding of a violation of the Convention. They also submitted that the applicant could seek compensation at the national level for any delay in confirming the expiration of the decision issued by the Minister of Interior of 10 May 2019. The Government further argued that the amount of costs claimed by the applicant was completely unreasonable as to quantum.

THE LAW

10. In the light of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine .

11. Accordingly, the case should be struck out of the list.

12. As to the costs, pursuant to Rule 43 § 4 of the Rules of Court, when an application has been struck out in accordance with Article 37 of the Convention, the costs shall be at the discretion of the Court. The general principles governing reimbursement of costs under Rule 43 § 4 are essentially the same as under Article 41 of the Convention (see, for example, Union of Jehovah’s Witnesses and Others v. Georgia (dec.), no. 72874/01, 21 April 2015; Pastukhov v. Poland (dec.) [Committee], no. 34508/17, §§ 22 ‑ 27, 4 February 2020; and Niko Ivanković v. Croatia (dec.) [Committee], no. 14459/22, 24 November 2022).

13. In the present case, regard being had to the above criteria and the documents in its possession, the Court considers it reasonable to award the applicant EUR 850 in respect of costs and expenses, plus any tax that may be chargeable to the applicant.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases;

Holds ,

(a) that the respondent State is to pay the applicant, within three months, EUR 850 (eight hundred fifty euros) in respect of costs and expenses, to be converted into Polish zlotys, at the rate applicable at the date of settlement, plus any tax that may be chargeable to him,

(b) that 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.

Done in English and notified in writing on 9 February 2023.

Liv Tigerstedt Lətif Hüseynov Deputy Registrar President