PAWEŁKOWICZ v. POLAND
FIRST SECTION
DECISION
Application no. 62105/14
Andrzej PAWEŁKOWICZ
against Poland
The European Court of Human Rights (First Section), sitting on 5 March 2019 as a Committee composed of:
Ksenija Turković, President,
Krzysztof Wojtyczek,
Armen Harutyunyan, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 22 August 2014,
Having regard to the declaration submitted by the respondent Government on 3 December 2018 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Andrzej Pawełkowicz, is a Polish national, who was born in 1958 and is detained in Płock.
2. The Polish Government (“the Government”) were represented by their Agents, Ms J. Chrzanowska and subsequently, by Mr J. Sobczak, of the Ministry of Foreign Affairs.
3. The applicant complained under Article 8 of the Convention about the refusal to grant him leave to attend his grandchild’s Holy Communion.
4. The application was communicated to the Government.
5. After unsuccessful friendly-settlement negotiations, by letter dated 3 December 2018 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application.
“...The Government hereby wish to express – by way of the unilateral declaration – their acknowledgement of the fact that the right to respect for private and family life, as guaranteed by Article 8 of the Convention, was not respected by the refusal to grant the applicant leave to attend the Holy Communion of his grandson.
Simultaneously, the Government declare that they are ready to pay the applicant the sum of PLN 8,000 (eight thousand Polish zlotys) to cover any pecuniary and non-pecuniary damage as well as costs and expenses plus any tax that may be chargeable to the applicant. ...
...
The 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 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 periods plus three percentage points.
...
... the Government’s unilateral declaration contains an unconditional acknowledgement that in the present case there was a violation of Article 8 of the Convention.
...
... As transpires from the Government’s unilateral declaration, they accepted paying to the applicant the sum of PLN 8,000 as just satisfaction in the event of the Court’s striking the case out of its list.
...
Consequently, the Government are of the opinion that the circumstances of the above application may lead to the conclusion set out in sub-paragraph (c) of Article 37 § 1 of the Convention, thus that it is no longer justified to continue the examination of the application in the light of the Government’s unilateral declaration.”
6. The Government acknowledged a violation of the applicant’s rights guaranteed by Article 8 of the Convention. They undertook to pay the applicant’s 8,000 Polish zlotys to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. 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. They further requested the Court to strike out the application.
7. On 15 January 2019, the Court received a letter from the applicant informing the Court that he had agreed to the terms of the Government’s declaration.
THE LAW
8. The Court finds that following the applicant’s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.
9. It therefore 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.
10. 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 pursuant to Article 39 of the Convention.
Done in English and notified in writing on 28 March 2019.
Renata DegenerKsenija Turković
Deputy RegistrarPresident
Full & Egal Universal Law Academy