CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 2 novembre 2010

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The Polish Government (“the Government”) were represented by their Agent, Mr   J.   Wołąsiewicz of the Ministry of   Foreign Affairs. On 7   June 2010 the President of the Fourth Section of the Court decided to communicate the applicant’s complaint under Article 5 § 3 of the Convention about the length of his pre-trial detention of some four years. THE LAW On 22 September 2010 the Court received the following declaration from the Government: “I, Jakub Wołąsiewicz, Agent of the Polish Government, declare that the Government of Poland offer to pay PLN   6,000 (six thousand Polish zlotys) to   Mr   Ireneusz Tomczak, 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 and 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 August 2010 the Court received the following declaration signed by the applicant: “I, Ireneusz Tomczak, note that the Government of Poland are prepared to pay me   the sum of PLN   6,000 (six thousand Polish zlotys) 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 and 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.   Fatoş Aracı   David Thór Björgvinsson Deputy Registrar   President