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§ CIESIELSKI c. POLOGNE

Imprimer

Type d'affaire : Décision
Type de recours : Violation de l'art. 2 (volet matériel) ; Violation de l'art. 2 (volet procédural) ; Préjudice moral - réparation

Numérotation :

Numéro d'arrêt : 18344/11
Identifiant URN:LEX : urn:lex;coe;cour.europeenne.droits.homme;arret;2012-02-07;18344.11 ?

Analyses :

(Art. 2-1) ENQUETE EFFICACE, (Art. 2-1) VIE, (Art. 35-1) EPUISEMENT DES VOIES DE RECOURS INTERNES


Parties :

Demandeurs : CIESIELSKI
Défendeurs : POLOGNE

Texte :

FOURTH SECTION
DECISION
Application no 18344/11  Krzysztof CIESIELSKI  against Poland
The European Court of Human Rights (Fourth Section), sitting on 7 February 2012 as a Committee composed of:
George Nicolaou, President,   Ledi Bianku,   Vincent A. De Gaetano, judges,  and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 1 March 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Krzysztof Ciesielski, is a Polish national who was born in 1964 and is currently detained in Bydgoszcz Remand Centre. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
The applicant complained under Article 3 of the Convention about the conditions of his detention.
THE LAW
On 14 November 2011 the Court received the following declaration signed by the applicant:
“I, Krzysztof Ciesielski, note that the Government of Poland are prepared to pay me, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 15,500 (fifteen thousand five hundred Polish zlotys) to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to me. I further note that the payment constitutes redress for the systemic violation of Article 3 of the Convention on account of the conditions of my detention, in particular overcrowding, as identified by the Court in the pilot judgment given in the case of Orchowski v. Poland (no. 17885/04) on 22 October 2009 (see paragraphs 135 and 147 et seq.).
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 20 December 2011 the Court received the following declaration from the Government:
“I, Jakub Wołąsiewicz, Agent of the Government, declare that the Government of Poland offer to pay, to Mr Krzysztof Ciesielski, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 15,500 (fifteen thousand five hundred Polish zlotys) to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant. The payment is intended to provide the applicant with redress for the systemic violation of Article 3 of the Convention on account of the conditions of his detention, in particular overcrowding, as identified by the Court in the pilot judgment given in the case of Orchowski v. Poland (no. 17885/04) on 22 October 2009 (see paragraphs 135 and 147 et seq.).
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
CIESIELSKI v. POLAND DECISION
CIESIELSKI v. POLAND DECISION 

Origine de la décision

Formation : Cour (cinquième section)
Date de la décision : 07/02/2012

Fonds documentaire ?: HUDOC

HUDOC
Association des cours judiciaires suprêmes francophones Organisation internationale de la francophonie

Juricaf est un projet de l'AHJUCAF, l'association des cours judiciaires suprêmes francophones,
réalisé en partenariat avec le Laboratoire Normologie Linguistique et Informatique du droit (Université Paris I).
Il est soutenu par l'Organisation internationale de la Francophonie et le Fonds francophone des inforoutes.