FOURTH SECTION
DECISION
Application no. 39982/03
by Ryszard GORLEAŃSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 19 June 2007 as a Chamber composed of:
SirNicolas Bratza, President,
MrJ. Casadevall,
MrG. Bonello,
MrK. Traja,
MrS. Pavlovschi,
MrL. Garlicki,
MsL. Mijović, judges,
and Mr T.L. Early, Section Registrar,
Having regard to the above application lodged on 30 September 2003,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Ryszard Gorleański, is a Polish national who was born in 1954 and lives in Poznań. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
A. The circumstances of the case
The facts of the case, as submitted by the parties, may be summarised as follows.
On 10 February 1995 an investigation against the applicant was instituted. On 8 June 1995 he was charged with fraud and theft.
A bill of indictment against the applicant was lodged with the court on 28 February 2003.
On 30 September 2003 the applicant lodged an application with the European Court.
On 6 May 2004 the Poznań District Court gave judgment and convicted the applicant. No appeal was lodged against this judgment. Accordingly, it became final on 16 June 2004.
On 15 February 2005 the applicant lodged a complaint against the excessive length of the proceedings with the Poznań Regional Court. He relied on the Law of 17 June 2004 on complaints about a breach of the right to a trial within a reasonable time (Ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki) (“the 2004 Act”), which entered into force on 17 September 2004.
On 28 April 2005 the Poznań Regional Court refused to entertain the applicant’s complaint finding that it was inadmissible under section 5 because the relevant proceedings had already been terminated and, likewise, under section 18 because the application with the Court had been lodged after the termination of the proceedings in Poland. In fact, the applicant had lodged his application with the Court while his proceedings in Poland were still pending, so section 18 of the 2004 Act was in principle applicable in his case. The Regional Court did not make use of the official means of establishing the date on which the application was lodged with the Court (through the Government’s Agent’s Office); it relied on a letter from the Registry, which the applicant had enclosed with his complaint, confirming the receipt of the application form dated 4 August 2004. In fact, the applicant’s first letter had been lodged with the Court on 30 September 2003.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the excessive length of the proceedings.
THE LAW
On 12 March 2007 the Court received the following declaration signed by the applicant:
“I, Ryszard Gorleański, note that the Government of Poland are prepared to pay me the sum of PLN 6,000 (six thousand Polish zlotys) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Poland in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
On 2 April 2007 the Court received the following declaration from the Agent of the Government:
“I declare that the Government of Poland offer to pay 6,000 Polish zlotys (six thousand Polish zlotys) to Mr Ryszard Gorleański with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 case.”
The Court takes note of the friendly settlement reached between the parties and considers that the matter has been resolved (Article 37 § 1 (b) of the Convention). Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the examination of the application to be continued. Accordingly, the application to the case of Article 29 § 3 of the Convention should be discontinued and the case struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
T.L. EarlyNicolas Bratza
RegistrarPresident
Full & Egal Universal Law Academy