Resolution ResDH(2005)35
concerning the judgments of the European Court of Human Rights
(Friendly settlements)
in twenty-one cases against Poland (see Appendix) relating to the length of civil proceedings
(Adopted by the Committee of Ministers on 25 April 2005
at the 922nd meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgments of the European Court of Human Rights in the twenty-one cases listed in the Appendix to this resolution and transmitted immediately to the Committee of Ministers under Article 46 of the Convention;
Recalling that these cases originated in applications (see Appendix) against Poland, lodged with the European Court of Human Rights between 21 November 1998 and 15 February 2002 under Article 34 of the Convention, by twenty-three Polish nationals, and that the Court declared admissible, inter alia, the applicants' complaints related to the length of certain proceedings concerning civil rights and obligations;
Whereas in its judgments concerning these cases the Court, after having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously, to strike these cases out of its list;
Whereas under the above-mentioned friendly settlements it was agreed that the Polish Government would pay the applicants certain sums (see Appendix), within three months as from the delivery of the judgments;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Rule 44, paragraph 2) provides that the striking-out of a case which has been declared admissible shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, on the dates indicated in the Appendix, within the time-limits agreed to under the terms of the friendly settlements, the government of the respondent state had paid the applicants the sums provided for in the friendly settlements and that no other measure was required in the present cases to conform to the Court's judgments;
Recalling that, as regards most of the applicants' complaints declared admissible in these cases, the Committee of Ministers is at present supervising the execution of several judgments of the Court (in particular the Podbielski judgment of 30 October 1998) finding in particular violations of Article 6, paragraph 1, of the Convention on account of the excessive length of civil proceedings,
Declares, after having examined the information supplied by the Government of Poland, that the Committee of Ministers has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the undertakings subscribed to in these cases.
Appendix to Resolution ResDH(2005)35
List of cases with details of sums agreed to and dates of payment
Case
Application No.
Date of judgment
Total
Payment on
Chudyba, Teresa
71621/01
23/09/2003
15 000 zlotys
09/12/2003
Cwyl, Józef and Darius
49920/99
09/12/2003
25 000 zlotys
10/02/2004
Dragan, Janusz
58780/00
15/07/2003
16 000 zlotys
12/09/2003
Godlewski, Krzysztof
53551/99
08/07/2003
16 000 zlotys
29/08/2003
Górecka, Janina
73009/01
23/09/2003
13 000 zlotys
11/12/2003
Górka, Janina
55106/00
05/11/2002
10 000 zlotys
30/01/2003
Janowski, Józef Micheł (No. 2)
49033/99
23/09/2003
17 000 zlotys
21/11/2003
Kledzik, Jadwiga
75098/01
23/09/2003
12 500 zlotys
29/10/2003
M.M. and E.M.M.
76158/01
29/07/2003
12 000 zlotys
09/09/2003
Mazurkiewicz, Piotr
72662/01
14/10/2003
6 500 zlotys
13/01/2004
Mikulska, Henryk
8205/02
29/07/2003
15 000 zlotys
08/09/2003
Nowakowski, Stanisław
71009/01
29/07/2003
15 000 zlotys
04/09/2003
Pieniążek, Krzysztof
57465/00
28/10/2003
14 000 zlotys
26/01/2004
Radek, Mirosław
30311/02
20/07/2004
15 000 zlotys
09/09/2004
Sagan, Krystyna
6901/02
24/06/2003
17 500 zlotys
29/08/2003
Sędek, Janina
67165/01
06/05/2003
17 000 zlotys
24/06/2003
Skóra, Henryk
67162/01
01/07/2003
14 000 zlotys
09/09/2003
Skowroński, Mirosław
52595/99
17/02/2004
15 000 zlotys
25/03/2004
Stańczyk, Janina
50511/99
02/12/2003
22 500 zlotys
29/01/2004
Szymański, Marian
75929/01
21/10/2003
13 000 zlotys
08/12/2003
Wysocka-Cysarz, Teresa
61888/00
01/07/2003
12 500 zlotys
21/07/2003
Full & Egal Universal Law Academy