Andrzej PRZEWOSKI v Poland - 54305/07 [2009] ECHR 889 (19 May 2009)

The European Court of Human Rights (Fourth Section), sitting on 19 May 2009 as a Chamber composed of:

Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
Ján Šikuta,
Mihai Poalelungi,
Nebojša Vučinić, judges,
and Lawrence Early, Section Registrar,

Having regard to the formal declarations accepting a friendly settlement of the case,

The applicant, Mr Andrzej Przewoski, is a Polish national who was born in 1966 and is currently detained in the Wejherowo Remand Centre. He was represented before the Court by Ms A. Plejewska, a lawyer practising in Gdynia. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

The facts of the case, as submitted by the parties, may be summarised as follows.

On an unspecified date in May 2003 the applicant was arrested on suspicion of having inflicted bodily injury on a certain K.L.

On 30 June 2003 the applicant was indicted before the Gdynia District Court (Sąd Rejonowy). He was charged with the offence of causing bodily injury committed on 23 April 2003.

The first hearing took place on 15 November 2004. Further hearings were held on 10 January, 14 February, 28 April 2005, 25 May, 10 July, 19 September and 31 October 2006 and on 22 March 2007. On the last mentioned date the Gdynia District Court gave judgment and convicted the applicant as charged. The applicant was sentenced to eight months’ imprisonment.

The applicant appealed against the judgment. On 20 August 2007 the Gdańsk Regional Court (Sąd Okręgowy) quashed the first-instance judgment and remitted the case to the Gdynia District Court.

On 20 December 2007 the Gdynia District Court ordered that the case be examined in summary procedure (postępowanie uproszczone).

On 26 February 2008 the court remitted the case to the prosecutor to complete the file.

On 17 January 2008 the applicant lodged a complaint under section 5 of the Law of 17 June 2004 on complaints about a breach of the right to a trial within a reasonable time (Ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki) (“the 2004 Act”).

The applicant sought a ruling that the length of the proceedings before the Gdynia District Court had been excessive.

On 16 May 2008 the Gdańsk Regional Court dismissed his complaint. The court analysed the course of the proceedings and concluded that the length of the proceedings before the Gdynia District Court had not been excessive. There had been no unjustified inactivity on the part of the District Court. Further, the length of the proceedings had resulted from the fact that numerous witnesses had to be heard and not from any negligence on the part of the court. It emphasised that the applicant had contributed to the length of the proceedings in that he had submitted several motions for further witnesses to be heard.

On an unspecified date in January 2005 the applicant was charged with false imprisonment committed in December 1999.

On an unspecified date in 2005 the Gdynia District Court gave judgment. Upon the applicant’s appeal, the Gdańsk Regional Court quashed the first instance judgment and remitted the case to the Gdynia District Court.

During the proceedings before the Gdynia District Court hearings took place on the following dates: 15 September, 26 October, 30 November and 19 December 2006, 25 January, 27 March, 26 April, 9 May, 26 June and 21 September 2007 and 28 February 2008.

On 25 March 2008 the Gdynia District Court gave its judgment and convicted the applicant as charged. The applicant was sentenced to three years’ imprisonment.

The applicant and his counsel appealed. On 3 September 2008 the Gdańsk Regional Court upheld the first-instance judgment.

On 10 July 2008 the applicant lodged a complaint under section 5 of the 2004 Act about a breach of his right to a trial within a reasonable time in respect of the criminal proceedings against him before the Gdynia District Court. He relied on the Law of 17 June 2004

On 30 October 2008 the Gdańsk Regional Court left the applicant’s complaint without consideration. It held that the proceedings before the District Court had already been terminated before the applicant lodged his complaint under the 2004 Act and that consequently, his complaint was to be left without consideration pursuant to section 8 of the 2004 Act in conjunction with Article 430 of the Code of Criminal Procedure.

1. The applicant complained under Article 6 of the Convention about the excessive length of both sets of criminal proceedings.

2. He also complained under Article 6 § 3 (d) of the Convention about the failure of the trial court to hear witnesses proposed by him in the second set of proceedings. Lastly, he alleged in general terms errors of fact committed by the trial court and its incorrect assessment of evidence.

THE LAW

On 7 April 2009 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 10,000 (ten thousand Polish zlotys) to Mr Andrzej Przewoski 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 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 9 February 2009 the Court received the following declaration signed by the applicant:

“I, Andrzej Przewoski, note that the Government of Poland are prepared to pay me the sum of PLN 10,000 (ten 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 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

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You are here: BAILII >> Databases >> European Court of Human Rights >> Andrzej PRZEWOSKI v Poland - 54305/07 [2009] ECHR 889 (19 May 2009) URL: http://www.bailii.org/eu/cases/ECHR/2009/889.html Cite as: [2009] ECHR 889