Resolution CM/ ResDH ( 2014) 105

Execution of the judgment of the European Court of Human Rights Bystrowski against Poland

Application No.

Case

Judgment of

Final on

15476/02

BYSTROWSKI

13/09/2011

08/03/2012

(Adopted by the Committee of Ministers on 9 July 2014

at the 1205th meeting of the Ministers ’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “t he Convention” and “the Court”);

Having regard to the final judgment transmitted by the Court to the Committee in this case;

Recalling that by a letter of 16 March 2011, the government of the respondent S tate informed the Court of its unilateral declaration by which it acknowledged that the applicant`s conditions of detention were not compatible with Article 3 of the Convention and the censorship of the applicant`s correspondence was not compatible with the requirements of Article 8 of the Convention ; it offered to pay the applicant , within three months, 8 000 polish zloty as a compensation for non-pecuniary damage ; and consequently argued that it was no longer justified to continue the examination of the case within the meaning of Article 37, paragraph 1 (c), of the Convention;

Whereas in its judgment the Court decided, unanimously, to strike the case out of the list considering that the requirements for the application of Article 37, paragraph 1 (c), of the Convention were met in the present case, and that no other particular consideration related to respect for the human rights guaranteed in the Convention justified pursuit of the application under Article 37, paragraph 1 in fine ;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, on 18 May 2012 , within the time-limit set, the government of the responde nt S tate had paid the applicant the sum provided for in the judgment;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case , and

DECIDES to close the examination thereof.