CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 13 janvier 2009

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The Polish Government (“the Government”) were represented by their Agent, Mr Jakub Wołąsiewicz of the Ministry of Foreign Affairs. The facts of the case, as submitted by the parties, may be summarised as follows.       Criminal proceedings against the applicant.   On 13   November   2002 the applicant was charged with battery and causing bodily harm. On 26   March   2003 a bill of indictment against the applicant and four other suspects was lodged with the Bydgoszcz District Court. The proceedings are still pending before the Bydgoszcz District Court.   2. Proceedings under the 2004 Act.   On an unspecified date in 2007 the applicant lodged a complaint with the Bydgoszcz Regional Court about a breach of his right to a trial within a reasonable time and claimed just satisfaction. On 5   November   2007 the Bydgoszcz Regional Court, refusing to take into consideration the protracted length of the proceedings occurring before 17   September   2004 (i.e. the date of entry into force of the 2004 Act), found that the proceedings had lasted an excessively long time. It held, in particular, that there was a period of inactivity on the part of the Bydgoszcz District Court from 16   November   2005 to 23   July   2007. However, it refused the applicant's claim for compensation. The court held that the applicant had failed to provide sufficient arguments to justify his claim for compensation. COMPLAINTS The applicant complained under Article   6 §   1 of the Convention about the unreasonable length of the proceedings. The applicant further complained that the excessive length of the criminal proceedings had resulted in a breach of Article 3 of the Convention. He also alleged that Article   13 of the Convention had been breached, as he had had no remedy at his disposal to appeal against the judgment of 5   November   2007. Lastly, relying on Article   2 of Protocol No.   1 to the Convention, the applicant complained that he had been unable to continue his education and obtain a profession due to his detention. THE LAW On 13   November   2008 the Court received the following declaration from the Government: “ “I declare that the Government of Poland offer to pay PLN   11,800 to Mr Krzysztof Janek with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights. This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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 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 29   September   2008 the Court received the following declaration, signed by the applicant: “I, Krzysztof Janek, note that the Government of Poland are prepared to pay me the sum of PLN   11,800 with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights. This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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 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. I accept the proposal and waive 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 (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.   Lawrence Early   Nicolas Bratza   Registrar   President