FIRST SECTION
DECISION
Application no. 20974/18
Waldemar BARAN-BARANOWSKI against Poland
and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 4 February 2021 as a Committee composed of:
Alena Poláčková, President,
Péter Paczolay,
Gilberto Felici, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention about the excessive length of proceedings in their cases and under Article 13 of the Convention about the lack of, or insufficient, redress for the excessive length of proceedings granted to them by the national court were communicated to the Polish Government (“the Government”).
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged a violation of Article 6 § 1 on account of the excessive length of proceedings and a violation of Article 13 on account of the lack of an effective remedy. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the 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 cases.
The applicants informed the Court that they agreed to the terms of the declarations.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore 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 the Protocols thereto and finds no reasons to justify the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 25 February 2021.
{signature_p_2}
Viktoriya MaradudinaAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention
(excessive length of criminal proceedings and the lack of an effective remedy in domestic law)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in Polish Zloty [PLN])[1]
20974/18
26/06/2018
Waldemar BARAN-BARANOWSKI
1944
25/06/2020
23/09/2020
12,480
24076/18
15/05/2018
Robert TABAKA
1983
25/06/2020
24/09/2020
6,050
30042/18
11/06/2018
Antoni Piotr BARCZYK
1951
25/06/2020
08/10/2020
32,320
9891/19
07/02/2019
Andrzej Marian SAWA
1965
17/06/2020
06/08/2020
19,360
11587/19
22/02/2019
Przemysław MŁYNARCZYK
1966
17/06/2020
20/07/2020
25,300
11795/19
22/02/2019
Hubert ANDRZEJEWSKI
1994
Andrzejewska Sandra
Warszawa
17/06/2020
23/07/2020
15,600
13850/19
06/03/2019
Stefan GÓRECKI
1955
17/06/2020
24/07/2020
32,710
21342/19
09/04/2019
Jarosław GRZESIUK
1992
Cupiał Dawid
Warsaw
17/06/2020
29/07/2020
12,100
24160/19
24/04/2019
Zbigniew KOWALKE
1961
17/06/2020
21/07/2020
28,080
24305/19
16/04/2019
Janusz WOJCIECHOWSKI
1964
25/06/2020
07/10/2020
29,980
[1] Plus any tax that may be chargeable to the applicants.
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