FOURTH SECTION
DECISION
AS TO THE ADMISSIBILITY OF
Application no. 49033/99
by Józef Michał JANOWSKI
against Poland
The European Court of Human Rights, sitting on 26 February 2002 as a Chamber composed of
SirNicolas Bratza, President,
MrM. Pellonpää,
MrsE. Palm,
MrJ. Makarczyk,
MrsV. Strážnická,
MrJ. Casadevall,
MrR. Maruste, judges,
and Mr M. O’Boyle, Section Registrar,
Having regard to the above application lodged with the Court on 5 March 1999 and registered on 24 June 1999,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Józef Michał Janowski, is a Polish national, who was born in 1937 and lives in Zduńska Wola, Poland. He is not represented before the Court. The respondent Government are represented by Mr K. Drzewicki, of the Ministry of Foreign Affairs.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 11 November 1979 the applicant and other persons organised a demonstration in Warsaw in connection with the anniversary of Poland’s regaining of independence in 1918. On 10 December 1979 the Board for Administrative Offences at the Head of the Warsaw - Śródmieście District (Kolegium ds. Wykroczeń przy Naczelniku Dzielnicy) convicted the applicant of “having organised an illegal demonstration and having made disrespectful remarks concerning the Polish Nation”. The applicant was sentenced to imprisonment. On 29 January 1980, on the applicant’s appeal, the Warsaw District Court (Sąd Rejonowy) upheld his conviction and sentenced him to one month’s imprisonment.
On 17 October 1995 the applicant requested the Minister of Justice to grant him leave to file an extraordinary appeal with the Supreme Court (Sąd Najwyższy) against the judgment of 29 January 1980. On 29 December 1995 the Minister of Justice lodged an extraordinary appeal with the Supreme Court on the applicant’s behalf. On 20 March 1996 the Supreme Court acquitted the applicant.
On 17 May 1996 the applicant filed a request for compensation with the Warsaw Regional Court (Sąd Wojewódzki) for his wrongful conviction and imprisonment.
On 1 July 1996 the applicant’s lawyer submitted to the Regional Court his power of attorney. On 2 July 1996 the Regional Court requested the Warsaw-Ochota District Court to transmit the case file on the criminal proceedings against the applicant terminated in 1980.
On 28 January 1997 the applicant’s lawyer requested the Regional Court to accelerate examination of the case. By a letter of 7 October 1998 the Regional Court informed the applicant that, due to a large number of similar cases pending before the court, it could not set any approximate date for a hearing in the case.
On 19 June 2001 the applicant again requested the Regional Court to accelerate examination of his case. By a letter of 19 June 2001 the Regional Court informed the applicant that the explanation given in the letter of 7 October 1998 remained valid.
The proceedings are pending before the Warsaw Regional Court. To date, not a single hearing has been held by that court.
THE LAW
The applicant’s complaint relates to the length of the proceedings, which began on 17 May 1996 with the Warsaw Regional Court and are still pending before that court. They have therefore already lasted five years, eight months and twelve days.
According to the applicant, the length of the proceedings is in breach of the “reasonable time” requirement laid down in Article 6 § 1 of the Convention. The Government do not comment on the merits of the applicant’s complaint.
The Court considers, in the light of the criteria established in its case-law on the question of “reasonable time” (the complexity of the case, the applicant’s conduct and that of the competent authorities), and having regard to all the information in its possession, that an examination of the merits of this complaint is required.
For these reasons, the Court unanimously
Declares the application admissible, without prejudging the merits of the case.
Michael O’BoyleNicolas Bratza
RegistrarPresident
Full & Egal Universal Law Academy