CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 6 septembre 2011

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De Gaetano, judges, and Fatoş Aracı, Deputy Section Registrar, Having regard to the above application lodged on 2 February 2010, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: PROCEDURE The applicant, Mr Jarosław Koliński, is a Polish national who was born in 1968 and is currently detained in Braniewo Prison. He was represented before the Court by Mr P.   Rybiński, a lawyer practising in Sopot. The   Polish Government (“the Government”) were represented by their Agent, Mr   J.   Wołąsiewicz of the Ministry of Foreign Affairs. On 14   February   2011 the President of the Fourth Section decided to   communicate the applicant’s complaint under Article 5   §   3 of   the   Convention about the length of his pre-trial detention from 21   September   2005 to 19   March   2010 and his complaint under Article 6 § 1 of the Convention concerning the length of criminal proceedings which commenced on 21   September   2005 and are still pending before the   second ‑ instance court. THE LAW On 27   April   2011 the Court received the following declaration signed by   the applicant’s representative on his behalf: “I, Przemysław Rybiński, note that the Government of Poland are prepared to pay to   Mr Jarosław Koliński, with a   view to securing a friendly settlement of   the   above ‑ mentioned case pending before the European Court of Human Rights, PLN   10,000 (ten thousand Polish zlotys), plus any tax that may be chargeable to   the   applicant. This sum will be payable within three months from the date of notification of   the   decision 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. Having consulted my client, I would inform you that he accepts the proposal and   waives any further claims against Poland in respect of the facts giving rise to   this   application. He declares that this constitutes a final resolution of   the case.” On 15   June   2011 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 to Mr Jarosław Koliński, with a view to   securing a   friendly settlement of the above-mentioned case pending before the   European Court of Human Rights, PLN   10,000 (ten thousand Polish zlotys), plus   any tax that may be   chargeable to the applicant. This sum will be payable within three months from the date of notification of   the   decision 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.” 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   Nicolas Bratza Deputy Registrar   President