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

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. 4. Proceedings under the 2004 Act 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. COMPLAINTS 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 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII