FIRST SECTION
DECISION
Application no. 2439/21
Grzegorz STĘPNIEWSKI against Poland
and 6 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 9 March 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 the 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 declarations 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 30 March 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]
2439/21
29/12/2020
Grzegorz STĘPNIEWSKI
1972
24/05/2022
14/12/2022
4,450
15276/21
01/03/2021
Kamil MAŃKOWSKI
1992
Florek Przemysław
Warsaw
24/05/2022
18/01/2023
2,800
16062/21
05/03/2021
Michał SKIBIŃSKI
1989
Lipski Marcin
Gdańsk
24/05/2022
09/01/2023
630
24369/21
22/04/2021
Mariusz STACHNIAK
1974
Królikowski Piotr
Szczecin
24/05/2022
18/01/2023
9,360
31491/21
01/06/2021
Edyta SŁONINKA
1975
Gąsiorowska Monika Małgorzata
Warsaw
24/05/2022
28/11/2022
7,020
38467/21
25/07/2021
Mateusz MICHALSKI
1992
Cupiał Dawid
Warsaw
24/05/2022
28/11/2022
1,900
43590/21
09/06/2021
Kamil MAŃKOWSKI
1992
Waryszewska Beata
Warsaw
24/05/2022
16/12/2022
5,460
[1] Plus any tax that may be chargeable to the applicants.