Published on 24 April 2023
FIRST SECTION
Application no. 9087/22
Grzegorz GAJKOWSKI against Poland
and 14 other applications
(see list appended)
communicated on 5 April 2023
SUBJECT MATTER OF THE CASES
The applicants were defendants in criminal or lustration proceedings. All of them, after having been convicted or found to have lied in their lustration declarations at two instances, lodged cassation appeals with the Supreme Court (Sąd Najwyższy). On the dates specified in the appendix, the Supreme Court dismissed their cassation appeals. In each case the formation of the Criminal Chamber of the Supreme Court was composed of judges appointed to that court by the President of Poland pursuant to the recommendation of the National Council of the Judiciary (Krajowa Rada Sądownictwa, “the NCJ”), as established under the Amending Act on the NCJ and certain other statutes of 8 December 2017 (ustawa o zmianie ustawy o Krajowej Radzie Sądownictwa oraz niektórych innych ustaw; “the 2017 Act”).
The applicants complain that their cases were examined by judicial formations of the Criminal Chamber of the Supreme Court, which included judges appointed on the NCJ’s recommendation, in breach of their right to an “independent and impartial tribunal established by law”, as guaranteed by Article 6 § 1 of the Convention.
QUESTION TO THE PARTIES
Was the formation of the Criminal Chamber of the Supreme Court which dealt with the applicants’ cases an “independent and impartial tribunal established by law” as required by Article 6 § 1 of the Convention?
Reference is made to the Court’s judgments in Advance Pharma sp. z o.o v. Poland, no. 1469/20, §§ 294-351, 3 February 2022; Dolińska-Ficek and Ozimek v. Poland, nos. 49868/19 and 57511/19, §§ 283-359, 8 November 2021, and Guðmundur Andri Ástráðsson v. Iceland [GC], no. 26374/18, §§ 205-290, 1 December 2020.
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
Notes
1.
9087/22
Gajkowski v. Poland
04/02/2022
Grzegorz GAJKOWSKI
1964
Lodz
Polish
Agnieszka BELDOWSKA-MARZEC
On 01/06/2016 the Łódź Regional Court acquitted the applicant of several drug-related charges. On 13/12/2016 the Łódź Court of Appeal quashed that judgment and remitted the case. On 02/11/2018 the Łódź Regional Court convicted the applicant and sentenced him to 7 years’ and 9 months’ imprisonment. On 18/03/2020 the Łódź Court of Appeal upheld the sentence.
On 05/10/2021 the Supreme Court dismissed the applicant’s cassation appeal (case no. II KK 5/21). It sat in a panel of three judges, including Mr Antoni Bojańczyk and Mr Marek Siwek, who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
2.
13441/22
Uchański v. Poland
02/03/2022
Iwo UCHAŃSKI
1987
Oświęcim
Polish
Maciej BURDA
On 4/04/2019 the Kraków Regional Court convicted the applicant of membership of a criminal gang and drug-related offences and sentenced him to 4 years’ imprisonment. On 24/03/2020 the Kraków Court of Appeal upheld the conviction and reduced the sentence.
On 19/10/2021 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. IV KK 553/20, served on 16/12/2021). It sat in camera in a single-judge formation, composed of Mr Marek Siwek, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
3.
20244/22
Łakatosz v. Poland
12/04/2022
Herchanć ŁAKATOSZ
1963
Poznań
Polish
Piotr ŁUCZAK
On 01/04/2019 the Poznań-Stare Miasto District Court convicted the applicant of multiple fraud offences and sentenced him to 6 years’ and 3 months’ imprisonment. On 01/07/2020 the Poznań Regional Court upheld that judgment.
On 12/10/2021 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. V KK 36/21). It sat in a panel of three judges, composed of Mr Antoni Bojańczyk, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), and Mr Marek Motuk and Mr Igor Zgoliński, who were appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 1020/2019 of 21/11/2019).
4.
20429/22
Nazaruk v. Poland
05/04/2022
Mirosław NAZARUK
1971
Czeremcha
Polish
Łukasz BUDŹKO
On 19/12/2018 the Białystok Regional Court convicted the applicant of homicide and sentenced him to 13 years’ imprisonment. On 25/10/2019 the Białystok Court of Appeal upheld that judgment.
On 05/10/2021 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. I KK 99/20). It sat in a panel of three judges, composed of Mr Antoni Bojańczyk and Mr Marek Siwek, who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), and Mr Marek Motuk, appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 1020/2019 of 21/11/2019).
5.
20745/22
Włoch v. Poland
12/04/2022
Lucyna WŁOCH
1975
Poznań
Polish
Piotr ŁUCZAK
On 01/04/2019 the Poznań-Stare Miasto District Court convicted the applicant of multiple fraud offences and sentenced her to 6 years’ imprisonment. On 01/07/2020 the Poznań Regional Court upheld that judgment.
On 12/10/2021 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. V KK 36/21). It sat in a panel of three judges, composed of Mr Antoni Bojańczyk, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), Mr Marek Motuk and Mr Igor Zgoliński, who were appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 1020/2019 of 21/11/2019).
6.
20920/22
Szymczak v. Poland
04/04/2022
Dariusz SZYMCZAK
1965
Łódź
Polish
On 01/06/2016 the Łódź Regional Court acquitted the applicant of drug-related charges. On 13/12/2016 the Łódź Court of Appeal quashed that judgment and remitted the case. On 02/11/2018 the Łódź Regional Court convicted the applicant and sentenced him to 7 years’ and 9 months’ imprisonment. On 18/03/2020 the Łódź Court of Appeal upheld the sentence.
On 05/10/2021 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. II KK 5/21, served on 08/10/2021). It sat in a panel of three judges, composed of Mr Antoni Bojańczyk and Mr Marek Siwek, who were appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), and Mr Marek Motuk, appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 1020/2019 of 21/11/2019).
7.
25249/22
Hryszkiewicz v. Poland
10/05/2022
Robert HRYSZKIEWICZ
1979
Lloret del Mar
Polish
On 24/09/2018 the Wrocław Regional Court convicted the applicant of fraud and sentenced him to 3 years’ imprisonment. On 29/09/2020 the Wrocław Court of Appeal amended that judgment but upheld the sentence.
On 29/12/2021 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. V KK 590/21). It sat in camera in a single-judge formation, composed of Mr Marek Siwek, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
8.
28626/22
Hulsz v. Poland
27/05/2022
Edmund HULSZ
1947
Gdańsk
Polish
Katarzyna SZYBOWSKA
On 08/11/2016 the Gdańsk Regional Court determined that the applicant had lied in his lustration declaration by denying his collaboration with the Communist-era secret services. On 12/12/2017 the Gdańsk Court of Appeal upheld that judgment. On 19/09/2018 the Supreme Court quashed the second-instance judgment and remitted the case. On 30/09/2020 the Gdańsk Court of Appeal again upheld the judgment of 08/11/2016.
On 18/11/2021 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. III KK 139/21, served on 28/01/2022). It sat in camera in a single-judge formation, composed of Mr Antoni Bojańczyk, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
9.
30049/22
Cupał and Others v. Poland
06/06/2022
Dariusz Stanisław CUPAŁ
1970
Wieliczka
Polish
Jarosław Maciej FORYŚ
1969
Wieliczka
Polish
Roman Stanisław ZABIEGAŁA
1961
Bochnia
Polish
Monika Małgorzata GĄSIOROWSKA
On 27/02/2020 the Wieliczka District Court convicted the applicants of accepting bribes and handed them suspended prison sentences. On 29/06/2021 the Kraków Regional Court made minor changes to that judgment but upheld the sentences.
On 04/04/2022 the Supreme Court dismissed the applicants’ cassation appeals (case no. IV KK 680/21). It sat in camera in a single-judge formation, composed of Mr Marek Motuk, appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 1020/2019 of 21/11/2019).
10.
31583/22
Krakowiak v. Poland
20/06/2022
Zbigniew KRAKOWIAK
1975
Kraków
Polish
Maciej BURDA
On 10/08/2018 the Skarżysko-Kamienna District Court convicted the applicant of several offences, including theft and fraud, and sentenced him to 6 years’ and 2 months’ imprisonment. On 22/07/2020 the Kielce Regional Court amended that judgment but upheld the sentence.
On 04/04/2022 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. IV KK 402/21). It sat in a panel of three judges, composed of Mr Marek Siwek, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), and Mr Marek Motuk and Mr Igor Zgoliński, who were appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 1020/2019 of 21/11/2019).
11.
37798/22
Dąbrowski v. Poland
21/07/2022
Bartłomiej Tomasz DĄBROWSKI
1978
Skarżysko-Kamienna
Polish
Maciej BURDA
On 10/08/2018 the Skarżysko-Kamienna District Court convicted the applicant of several offences, including robbery and theft, and sentenced him to 11 years’ imprisonment. On 22/07/2020 the Kielce Regional Court amended that judgment and reduced the sentence.
On 04/04/2022 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. IV KK 402/21). It sat in a panel of three judges, composed of Mr Marek Siwek, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018), and Mr Marek Motuk and Mr Igor Zgoliński, who were appointed to that court by the President of Poland on 04/05/2020, on recommendation of the NCJ (resolution no. 1020/2019 of 21/11/2019).
12.
39577/22
Lazur v. Poland
28/07/2022
Dariusz Ryszard LAZUR
1978
Elbląg
Polish
Mateusz CZEPUKOJĆ
On 31/05/2017 the Elbląg Regional Court convicted the applicant of taking a hostage and sentenced him to 8 years’ imprisonment. On 15/04/2019 the Gdańsk Court of Appeal amended that judgment but upheld the sentence.
On 21/01/2022 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. III KK 412/21, served on 28/01/2022). It sat in camera in a single-judge formation, composed of Mr Marek Siwek, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
13.
48801/22
Wiktorek v. Poland
10/10/2022
Michał WIKTOREK
1983
Popielawy
Polish
Mariusz CHARKIEWICZ
On 15/07/2019 the Łódź Regional Court convicted the applicant of several offences, including membership of a criminal gang, and sentenced him to 3 years’ imprisonment. On 06/07/2021 the Łódź Court of Appeal upheld that judgment.
On 22/06/2022 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. V KK 179/22, served on 13/07/2022). It sat in camera in a single-judge formation, composed of Mr Marek Siwek, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).
14.
52771/22
Sokołowski v. Poland
28/10/2022
Krzysztof Piotr SOKOŁOWSKI
1983
Warszawa
Polish
On 04/08/2020 the Warsaw District Court convicted the applicant of domestic violence and sentenced him to 3 months’ imprisonment. On 24/05/2021 the Warsaw Regional Court amended the legal characterisation of the applicant’s offence but upheld the sentence.
On 06/07/2022 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. II KK 209/22, served on 12/07/2022). It sat in camera in a single-judge formation, composed of Mr Paweł Kołodziejski, appointed to that court by the President of Poland on 07/03/2022, on recommendation of the NCJ (resolution no. 786/2021 of 25/06/2021).
15.
4913/23
Malantowicz v. Poland
18/01/2023
Dawid MALANTOWICZ
1980
DUBLIN
Polish
Lukasz PILARCZYK
On 13/11/2020 the Kołobrzeg District Court convicted the applicant of providing misleading information to a court and fined him. On 30/09/2021 the Słupsk Regional Court amended that judgment and, in addition to the fine, sentenced the applicant to 1 year’s imprisonment, suspended on probation.
On 21/09/2022 the Supreme Court dismissed the applicant’s cassation appeal as manifestly ill-founded (case no. V KK 94/22, served on 10/10/2022). It sat in camera in a single-judge formation, composed of Mr Marek Siwek, appointed to that court by the President of Poland on 10/10/2018, on recommendation of the NCJ (resolution no. 331/2018 of 28/08/2018).