FIRST SECTION
CASE OF UNGEHEUER AND OTHERS v. POLAND
(Applications nos. 5726/20 and 2 others – see appended list)
JUDGMENT
STRASBOURG
5 October 2023
This judgment is final but it may be subject to editorial revision.
In the case of Ungeheuer and Others v. Poland,
The European Court of Human Rights (First Section), sitting as a Committee composed of:
Lətif Hüseynov, President,
Krzysztof Wojtyczek,
Ivana Jelić, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having deliberated in private on 14 September 2023,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in applications against Poland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2. The Polish Government (“the Government”) were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the excessive length of criminal proceedings and of the lack of any effective remedy in domestic law.
THE LAW
JOINDER OF THE APPLICATIONS5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.
THE GOVERNMENT’S REQUEST TO STRIKE OUT THE APPLICATIONS UNDER ARTICLE 37 § 1 OF THE CONVENTION6. In all three applications the Government submitted unilateral declarations which did not offer a sufficient basis for finding that respect for human rights as defined in the Convention does not require the Court to continue its examination of the case (Article 37 § 1 in fine). The Court rejects the Government’s request to strike the applications out and will accordingly pursue its examination of the merits of the cases (see Tahsin Acar v. Turkey (preliminary issue) [GC], no. 26307/95, § 75, ECHR 2003 VI).
ALLEGED VIOLATION OF ARTICLE 6 § 1 AND ARTICLE 13 OF THE CONVENTION7. The applicants complained that the length of the criminal proceedings in question had been incompatible with the “reasonable time” requirement and that they had no effective remedy in this connection. They relied on Article 6 § 1 and Article 13 of the Convention.
8. The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicants and the relevant authorities and what was at stake for the applicants in the dispute (see, among many other authorities, Pélissier and Sassi v. France [GC], no. 25444/94, § 67, ECHR 1999‑II, and Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000‑VII).
9. In the leading case of Rutkowski and Others v. Poland, nos. 72287/10 and 2 others, 7 July 2015, the Court already found a violation in respect of issues similar to those in the present case.
10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of justifying the overall length of the proceedings at the national level. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the “reasonable time” requirement.
11. The Court further notes that the applicants did not have at their disposal an effective remedy in respect of these complaints.
12. These complaints are therefore admissible and disclose a breach of Article 6 § 1 and of Article 13 of the Convention.
APPLICATION OF ARTICLE 41 OF THE CONVENTION13. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
14. Regard being had to the documents in its possession and to its case‑law (see, in particular, Rutkowski and Others v. Poland, cited above), the Court finds it reasonable to award the sums indicated in the appended table.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
Decides to join the applications;Rejects the Government’s request to strike the applications out of the list;Declares the applications admissible;Holds that these applications disclose a breach of Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and lack of an effective domestic remedy to complain about it;Holds(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 5 October 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Viktoriya Maradudina Lətif Hüseynov
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention
(excessive length of criminal proceedings and lack of any effective remedy in domestic law)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start of proceedings
End of proceedings
Total length
Levels of jurisdiction
Domestic decision on complaint under the 2004 Act
Domestic award (in Polish zlotys)
Amount awarded for non-pecuniary damage and costs and expenses per applicant
(in euros)[1]
5726/20
17/01/2020
Walenty Henryk UNGEHEUER
1963
Piotr Kładoczny
Warsaw
02/06/2006
pending
More than 17 year(s) and 1 month(s) and 11 day(s)
2 level(s) of jurisdiction
Rzeszów Court of Appeal, 11/06/2015, case no. II S 11/15, PLN 10,000;
Rzeszow Court of Appeal, 18/06/2019, case no. II S 41/19
13,400
26591/21
06/08/2021
Rafał PAMULAK
1993
06/04/2017
19/02/2021
3 year(s) and 10 month(s) and 14 day(s)
1 level(s) of jurisdiction
Warsaw Regional Court, 08/02/2021, case no. IX S 117/20, PLN 3,000
1,900
1705/22
17/12/2021
Norbert JURCZYSZYN
1994
Dawid Cupiał
Warsaw
20/09/2013
pending
More than 9 year(s) and 9 month(s) and 23 day(s)
1 level(s) of jurisdiction
Warsaw Regional Court, 25/10/2019, case no. IX S 77/19, PLN 3,000;
Warsaw Regional Court, 17/09/2021, case no. IX S 73/21, PLN 4,000
7,500
[1] Plus any tax that may be chargeable to the applicants.