FOURTH SECTION
DECISION
Application no. 11034/06
by Andrzej LIPIEC
against Poland
The European Court of Human Rights (Fourth Section), sitting on 8 July 2008 as a Chamber composed of:
Giovanni Bonello, President,
Lech Garlicki,
Ljiljana Mijović,
David Thór Björgvinsson,
Ján Šikuta,
Ledi Bianku,
Mihai Poalelungi, judges,
and Lawrence Early, Section Registrar,
Having regard to the above application lodged on 20 December 2005,
Having regard to the Court’s decision to examine jointly the admissibility and merits of the case (Article 29 § 3 of the Convention),
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Andrzej Lipiec, is a Polish national who was born in 1956 and lives in Rejowiec Fabryczny. The Polish Government (“the Government”) were represented by their Agent, Mr J.Wołąsiewicz of the Ministry of Foreign Affairs.
The circumstances of the case
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicant was arrested by the police on 20 September 1999. On 22 September 1999 the Chełm District Court remanded him in custody on suspicion of homicide.
The applicant’s detention was extended on several occasions. The courts relied on the reasonable suspicion that the applicant had committed the offence in question and the likelihood of a heavy sentence being imposed on him. In addition, they had regard to the need to obtain expert evidence and a psychiatric examination of the suspects.
In the course of the investigation the Regional Prosecutor obtained voluminous evidence and took a series of investigative measures.
On 10 July 2000 the prosecution service filed a bill of indictment with the Lublin Regional Court. The applicant was charged with homicide and two counts of robbery. There were four other defendants in the case.
On 20 March 2001 the Regional Court again extended the applicant’s detention. It repeated the reasons given previously. It further held that the applicant’s detention was the only measure which could secure the proper conduct of the proceedings. The applicant’s detention was subsequently extended on several occasions.
On 23 September 2002 the Lublin Regional Court convicted the applicant as charged and sentenced him to 25 years’ imprisonment. Upon the applicant’s appeal, on 22 October 2003 the Lublin Court of Appeal quashed the judgment of the Regional Court and ordered a retrial.
The applicant’s detention was extended on further occasions. In all decisions, the Regional Court relied on the reasonable suspicion that the applicant had committed the offences in question and the likelihood of a heavy sentence being imposed.
On 5 October 2005 the Court of Appeal ordered the applicant’s release under police supervision. It also imposed a ban on his leaving the country. The applicant was released on 6 October 2005.
It appears that the proceedings are pending before the Lublin Regional Court.
COMPLAINTS
1. The applicant complained under Article 5 § 3 of the Convention that his right to trial within a reasonable time after arrest had not been respected.
2. He also complained that he did not have a fair trial in breach of Article 6 § 1 of the Convention.
THE LAW
On 4 June 2008 the Court received the following declaration signed by the applicant
“I note that the Government of Poland are prepared to pay me the sum of 7,000 (seven 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 and 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 11 June 2008 the Court received the following declaration from the Government:
“I declare that the Government of Poland offer to pay PLN 7,000 (seven thousand Polish zlotys) to Mr Andrzej Lipiec 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 and 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. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Lawrence EarlyGiovanni Bonello Registrar President
Full & Egal Universal Law Academy