FIRST SECTION
DECISION
Application no. 32167/19
Artur KORZENIEWSKI against Poland
and 6 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 4 May 2023 as a Committee composed of:
Alena Poláčková, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants’ complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law were communicated to the Polish Government (“the Government”).
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the excessive length of criminal proceedings and the lack of any effective remedy in domestic law. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the 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 cases.
The applicants informed the Court that they agreed to the terms of the declarations.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.
It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 25 May 2023.
Viktoriya Maradudina Alena Poláčková
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
Date of receipt of the Government’s declaration
Date of receipt of the applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
32167/19
05/06/2019
Artur KORZENIEWSKI
1980
Cupiał Dawid
Warsaw
06/07/2022
02/12/2022
2,340
11484/20
24/04/2020
Jacek Andrzej STELMASKI
1972
06/07/2022
03/01/2023
2,260
13559/20
28/02/2020
Włodzimierz TWARDOWSKI
1955
06/07/2022
03/01/2023
8,255
22939/20
22/05/2020
Piotr GAWRON
1973
Cholewiak Mateusz
Szczecin
29/06/2022
22/12/2022
5,260
24041/20
03/06/2020
Janusz GIERGISIEWICZ
1966
06/07/2022
22/12/2022
7,740
25705/20
15/07/2020
Marek BIELIŃSKI
1972
08/07/2022
19/12/2022
10,920
37797/21
15/07/2021
Lukasz Krzysztof WITCZAK
1983
Cupiał Dawid
Warsaw
01/07/2022
02/12/2022
1,980
[1] Plus any tax that may be chargeable to the applicants.