Resolution ResDH(2006)19
concerning the judgment of the European Court of Human Rights
of 25 May 2004 (Friendly settlement)
in the case of Sobczuk against Poland
(Adopted by the Committee of Ministers on 12 April 2006,
at the 960th 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 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Sobczuk case delivered on 25 May 2004 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 51799/99) against Poland, lodged with the European Court of Human Rights on 12 February 1999 under Article 34 of the Convention by Mr Cezary Sobczuk, a Polish national, and that the Court declared admissible the complaints concerning the length of the applicant's detention on remand and of certain criminal proceedings against him;
Whereas in its judgment of 25 May 2004 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties' undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Poland would pay the applicant, the global sum of 15 000 Polish zlotys, within three months as from the delivery of the judgment;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 15 July 2004 within time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sum provided for in the friendly settlement and that no other measure was required in the present case to conform to the Court's judgment,
Recalling that, as regard the applicant's complaint declared admissible in this case, the Committee of Ministers is at present supervising the execution of several judgments of the Court (in particular the judgments in the cases of Kudła against Poland, judgment of 26 October 2000 and of Trzaska against Poland, judgment of 11 July 2000), finding in particular violations of Articles 5, paragraph 3, and 6 of the Convention on account of the excessive length of the applicants' detention on remand and and/or of the criminal proceedings instituted against them,
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.
Full & Egal Universal Law Academy