FOURTH SECTION
DECISION
Application no. 41587/05
by Jacek LENDZION
against Poland
The European Court of Human Rights (Fourth Section), sitting on 30 January 2007 as a Chamber composed of:
SirNicolas Bratza, President,
MrJ. Casadevall,
MrS. Pavlovschi,
MrL. Garlicki,
MsL. Mijović,
MrJ. Šikuta,
MrsP. Hirvelä, judges,
and Mr T.L. Early, Section Registrar,
Having regard to the above application lodged on 19 November 2002,
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 Jacek Lendzion, is a Polish national who was born in 1963 and lives in Gostynin, Poland. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
The facts of the case, as submitted by the parties, may be summarised as follows.
A. Main proceedings
In March 1994 a bill of indictment against the applicant was lodged with the Sochaczew District Court (Sąd Rejonowy). The applicant was charged with armed robbery. On 23 July 1998 the Sochaczew District Court gave judgment and sentenced the applicant to a fine. The applicant appealed. On 19 March 1999 the Skierniewice Regional Court (Sąd Okręgowy) quashed the first-instance judgment and remitted the case.
On 10 May 1999 the Skierniewice Regional Court referred the case to the Sochaczew District Court. From that time until 25 May 2004 the Sochaczew District Court did not list any hearings in the case. After 25 May 2004, on unspecified dates, the trial court held two hearings. The proceedings are still pending before the Sochaczew District Court.
B. The proceedings concerning a breach of the right to a trial within a reasonable time
On an unspecified date in 2004 the applicant lodged a complaint about a breach of his right to a trial within a reasonable time with the Płock Regional Court under section 5 of 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”). He sought a ruling declaring that the length of the proceedings before the Sochaczew District Court had been excessive. He further claimed an award of just satisfaction. He relied on the provisions of the 2004 Act.
On 8 November 2004 the Płock Regional Court gave a decision in which it acknowledged the excessive length of the proceedings (5 years of inactivity on the part of the Sochaczew District Court) but refused to grant the applicant any just satisfaction, holding that the applicant had not taken any steps in order to accelerate the proceedings.
THE LAW
On 23 October 2006 the Court received the following declaration signed by the applicant:
“I, Jacek Lendzion, 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 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 29 November 2006 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 Jacek Lendzion 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 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 agreement 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