CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 20 septembre 2011

.s800EAC49 { font-size:12pt } .s523616E0 { margin-top:0pt; margin-bottom:12pt; text-align:center; font-size:14pt } .sBB9EE52A { font-family:Arial } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sB9D5CABB { width:28.35pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s967D43C6 { margin-top:36pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s29100277 { font-family:Arial; font-weight:bold } .sC202EACC { clear:both; mso-break-type:section-break } .s9D48DD53 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; font-size:10pt } .s88A92475 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .sDD165512 { margin-top:12pt; margin-left:14.2pt; margin-bottom:0pt; text-align:justify } .s2840CEAF { margin-top:12pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } .sF3B96856 { width:11.87pt; display:inline-block } .s46C79669 { width:202.1pt; display:inline-block } .s7CB9076 { margin-top:36pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid } FOURTH SECTION DECISION Application no. 5539/10 by Rafał ŚLESIK against Poland The European Court of Human Rights (Fourth Section), sitting on 20   September 2011 as a   Committee composed of:   George Nicolaou, President,   Lech Garlicki,   Vincent A. De Gaetano, judges, and Fatoş Aracı, Deputy Section Registrar, Having regard to the above application lodged on 25 January 2010, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: PROCEDURE The applicant, Mr Rafał Ślesik, is a Polish national who was born in 1978 and is currently detained in Łódź Remand Centre. The Polish Government (“the Government”) were represented by their Agent, Mr   J.   Wołąsiewicz of the Ministry of Foreign Affairs. On 25   January   2011 the President of the Fourth Section decided to communicate the applicant’s complaint under Article 6   §   1 of the Convention concerning the length of criminal proceedings which commenced on 30   December   2003 and ended on 15   April   2010.   THE LAW On 28   February   2011 the Court received the following declaration signed by the applicant:   “I, Rafał Ślesik, note that the Government of Poland are prepared to pay to me, with a   view to securing a friendly settlement of the above ‑ mentioned case pending before the European Court of Human Rights, PLN   14,000 (fourteen 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. 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.” On 4   April   2011 the Court received the following declaration from the Government: “I, Jakub Wołąsiewicz, declare that the Government of Poland offer to pay, to Mr   Rafał Ślesik, with a view to securing a   friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN   14,000 (fourteen   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   George Nicolaou Deputy Registrar President