FIRST SECTION
DECISION
Application no. 10475/21
Adam SZPROT
against Poland
(see appended table)
The European Court of Human Rights (First Section), sitting on 20 November 2025 as a Committee composed of:
Frédéric Krenc, President,
Davor Derenčinović,
Alain Chablais, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 9 February 2021,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Ms K. Dąbrowska, a lawyer practising in Warsaw.
The applicant’s complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Polish Government (“the Government”). Complaints based on the same facts were also communicated under other provision of the Convention.
THE LAW
After unsuccessful friendly-settlement negotiations, the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.
The Government acknowledged the excessive length of pre-trial detention. They further acknowledged that the domestic authorities had violated the applicant rights guaranteed by other provisions of the Convention. They offered to pay the applicant the amounts detailed in the appended table and invited the Court to strike the application 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 case.
The applicant was sent the terms of the Government’s unilateral declaration several weeks before the date of this decision. The Court has not received a response from the applicant accepting the terms of the declaration.
The Court observes that Article 37 § 1 (c) enables it to strike a case out of its list if:
“... for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
Thus, it may strike out applications under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued (see, in particular, the Tahsin Acar v. Turkey judgment (preliminary objections) [GC], no. 26307/95, §§ 75‑77, ECHR 2003-VI).
The Court has established clear and extensive case-law concerning complaints relating to the excessive length of pre-trial detention (see, for example, Kauczor v. Poland, no. 45219/06, 3 February 2009 and Celejewski v. Poland, no. 17584/04, 4 May 2006).
Noting the admissions contained in the Government’s declaration as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)).
In the light of the above considerations, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application may be restored to the list in accordance with Article 37 § 2 of the Convention (see Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
In view of the above, it is appropriate to strike the application out of the Court’s list of cases.
For these reasons, the Court, unanimously,
Takes note of the terms of the respondent Government’s declaration and of the arrangements for ensuring compliance with the undertakings referred to therein;
Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 11 December 2025.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 5 § 3 of the Convention
(excessive length of pre-trial detention)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Other complaints under well-established case-law
Date of receipt of Government’s declaration
Date of receipt of applicant’s comments, if any
Amount awarded for non-pecuniary damage
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
10475/21
09/02/2021
Adam SZPROT
1983
Dąbrowska Katarzyna
Warsaw
Art. 5 (4) - deficiencies in proceedings for review of the lawfulness of detention - the applicant’s interlocutory appeals against the prolongation of detention decisions were reviewed by the end of the relevant detention period, ex. IA against the prolongation until, respectively, 22/05/2021 and 20/08/2021 were reviewed on 07/04/2021 and 14/07/2021.
07/05/2025
16/10/2025
3,300
250
[1] Plus any tax that may be chargeable to the applicant
[2] Plus any tax that may be chargeable to the applicant