Resolution ResDH(2006)46
concerning the judgment of the European Court of Human Rights
of 3 December 2002 (final on 3 March 2003)
in the case of Nowicka against Poland
(Adopted by the Committee of Ministers on 19 July 2006,
at the 970th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgment of the European Court of Human Rights in the Nowicka case delivered on 3 December 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;
Recalling that the case originated in an application (No.30218/96) against Poland, lodged with the European Commission of Human Rights on 15 November 1994 under former Article 25 of the Convention by Ms Dobrochna Nowicka, a Polish national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints concerning the unjustified length of the applicant's detention on remand for psychiatric examinations (83 days) in the framework of private prosecution brought against her following a neighbourhood conflict as well as the restrictions on family visits during this detention;
Whereas in its judgment of 3 December 2002 the Court unanimously:
- held that there had been a violation of Article 5, paragraph 1, of the Convention;
- held that there had been a violation of Article 8 of the Convention;
- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 10 000 EUR in respect of non-pecuniary damage; 2 000 EUR in respect of costs and expenses, plus any value-added tax that may be chargeable, less EUR 510 to be converted into Polish zlotys at the rate applicable at the date of settlement and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicant's claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 3 December 2002, having regard to Poland's obligation under Article 46, paragraph 1, of the Convention to abide by it;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state gave the Committee information about the measures taken preventing new violations of the same kind as those found in the present judgment; this information appears in the appendix to this resolution;
Having satisfied itself that on 29 May 2003 within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 3 December 2002,
Declares, after having examined the information supplied by the Government of Poland, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
Appendix to Resolution ResDH(2006)46
Information provided by the Government of Poland
during the examination of the Nowicka case
by the Committee of Ministers
General measures:
1) Dissemination of the judgment
On 30/03/2004 the Ministry of Justice asked the presidents of courts of appeal to send the European Court's judgment out to all district and regional courts under their administrative jurisdiction.
In reply, the presidents of the courts of appeal informed the Ministry that the judgment had been sent to all courts with circular letters drawing judges' attention to the special diligence required in cases relating to detention with a view to ensuring compliance with an obligation to undergo a psychiatric examination ordered by a court. Recommendations of the presidents of the courts of appeal and regional courts addressed to the competent judges also underlined the need for careful assessment of the proportionality of restrictions on family visits during such detention.
Moreover, at the request of the Minister of Justice on 18/11/2004, the presidents of regional courts sent the judgment out to court experts in psychiatry and psychology.
2) Publication of the judgment
The judgment of the European Court has been published in the Bulletin of the Council of Europe Information Centre, issue No. 1/2003, and on the Internet site of the Ministry of Justice .
3) Conclusion
The Government of Poland considers that Poland has complied with its obligations under Article 46 of the Convention in respect of this case.
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