FIRST SECTION
DECISION
Application no. 60967/11
Mariusz NAWROCKI
against Poland
The European Court of Human Rights (First Section), sitting on 20 February 2018 as a Committee composed of:
Aleš Pejchal, President,
Krzysztof Wojtyczek,
Armen Harutyunyan, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 7 September 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Mariusz Nawrocki, is a Polish national, who was born in 1955 and lives in Gdynia. He was represented before the Court by Ms P. Miśkowicz.
2. The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska, of the Ministry of Foreign Affairs.
3. The applicant complained under Article 6 § 1 of the Convention about the excessive length of proceedings which started on the day of his arrest on 28 December 1998.
4. On 7 July 2015 the application was communicated to the Polish Government pursuant to Rule 54 § 2 (b) of the Rules of Court, by virtue of the ninth operative provision of the pilot-judgment given in the case of Rutkowski and Others v. Poland (see Rutkowski and Others v. Poland, nos. 72287/10 and 2 others, §§ 223-228 and the ninth operative provision, 7 July 2015).
5. On 30 January 2017 the Court received a letter from the Government stating that the matter raised in the application had already been resolved in the application no. 73362/10, lodged by the same applicant.
6. The Court notes that in the latter case the parties signed a friendly settlement agreement. On 13 December 2016 the Court took note of that settlement and found it appropriate to strike the case out of the list of cases (see Nawrocki v Poland (dec.), no. 73362/10, 13 December 2016). It also notes that the length of the applicant’s detention on remand and of the same set of criminal proceedings had been subject of an earlier decision of the Court (see Nawrocki v Poland (dec.), no. 40548/06, 16 June 2009).
7. On the basis of the parties submissions and the documents in the file the Court considers that the applications nos. 73362/10 and 60967/11 lodged by the applicant concern the lengthy determination of criminal charges brought against him on 29 December 1998. The proceedings ended, respectively, on 3 July 2012 and 25 July 2013 as different charges against the applicant had been severed to two sets of proceedings which had been conducted in parallel. The Court thus accepts the Government’s argument that the subject matter of both applications is the same and had been covered by the friendly settlement of 13 December 2016.
THE LAW
8. In the light of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine.
9. Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 15 March 2018.
Renata DegenerAleš Pejchal
Deputy RegistrarPresident
Full & Egal Universal Law Academy