PROCEDURE

The case originated in an application (no. 40909/08) against the Republic of Poland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Polish national, Mr Krzysztof Kulik (“the applicant”), on 6 August 2008.

The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

On 2 April 2009 the President of the Fourth Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3).

On 16 June 2009 the Government submitted a unilateral declaration and invited the Court to strike out the application, in accordance with Article 37 of the Convention.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicant was born in 1960 and lives in Nowogród Bobrzański.

A. Main proceedings

On 4 February 2002 criminal proceedings were instituted against the applicant.

On 2 January 2007 the applicant was indicted before the Jelenia Góra Regional Court. He was charged with several counts of robbery. The bill of indictment comprised 14 accused.

On 9 March 2007 the Jelenia Góra Regional Court found that it had no competence to deal with the case and referred it to the Zielona Góra Regional Court.

On 22 June 2007 the case was remitted to the Zielona Góra Regional Prosecutor in connection with another investigation conducted against one of the applicant’s co-accused.

The first hearing was set down for 23 January 2008; however, on 22 January 2008, it was adjourned as the applicant’s co-accused’s counsel had not been properly summoned.

The hearing, scheduled for 28 February 2008 was adjourned as a motion for the judge to step down was to be considered.

A subsequent hearing, listed for 15 April 2008, was cancelled because it was not possible for the police to bring the applicant’s co-accused from prison.

The hearing, scheduled for 20 May 2008, was adjourned as priority had been given to another case.

The hearing, scheduled for 21 May 2008, was adjourned as another motion for the judge to step down was to be considered.

As of August 2009 the proceedings were still pending.

B. Proceedings under the 2004 Act

On 16 June 2008 the applicant filed with the Poznań Court of Appeal a complaint about a breach of the right to a trial within a reasonable time in respect of the criminal proceedings instituted against him and asked for just satisfaction. He relied on the Law of 17 June 2004 on complaints about a breach of the right to a trial within a reasonable time (Ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki) (“the 2004 Act”), which entered into force on 17 September 2004.

The applicant stressed that he had been detained while awaiting his trial and sought a ruling that the length of the proceedings before the Zielona Góra Regional Court had been excessive and an award of just satisfaction in the amount of 10,000 Polish zlotys (PLN) (the equivalent of approx. 2,500 euros (EUR)).

On 19 June 2008 the Poznań Court of Appeal gave a decision in which it acknowledged the excessive length of the proceedings before the Zielona Góra Regional Court, finding that there had been a period of unjustified inactivity from 26 March 2007 until 5 December 2007. However, the court did not grant any just satisfaction to the applicant, pointing out that the decision whether to grant compensation in such proceedings was facultative.
NOT_CONFIDENTIAL
check
001-96442_a1_e1
001-96442_a1_em1
CODE
DIRECT
40909/08
NOT_CONFIDENTIAL
correct
001-96442_a1_e2
001-96442_a1_em2
ORG
NO_MASK
Republic of Poland
NOT_CONFIDENTIAL
insert
001-96442_a1_e3
001-96442_a1_em3
DEM
NO_MASK
Polish
NOT_CONFIDENTIAL
check
001-96442_a1_e4
001-96442_a1_em4
PERSON
DIRECT
Mr Krzysztof Kulik
NOT_CONFIDENTIAL
check
001-96442_a1_e5
001-96442_a1_em5
DATETIME
QUASI
6 August 2008
NOT_CONFIDENTIAL
insert
001-96442_a1_e6
001-96442_a1_em6
ORG
NO_MASK
Polish Government
NOT_CONFIDENTIAL
check
001-96442_a1_e7
001-96442_a1_em7
PERSON
QUASI
Mr J. Wołąsiewicz
NOT_CONFIDENTIAL
check
001-96442_a1_e8
001-96442_a1_em8
DATETIME
QUASI
2 April 2009
NOT_CONFIDENTIAL
check
001-96442_a1_e9
001-96442_a1_em9
DATETIME
QUASI
16 June 2009
NOT_CONFIDENTIAL
check
001-96442_a1_e10
001-96442_a1_em10
DATETIME
QUASI
1960
NOT_CONFIDENTIAL
correct
001-96442_a1_e11
001-96442_a1_em11
LOC
QUASI
Nowogród Bobrzański
NOT_CONFIDENTIAL
check
001-96442_a1_e12
001-96442_a1_em12
DATETIME
QUASI
4 February 2002
NOT_CONFIDENTIAL
check
001-96442_a1_e13
001-96442_a1_em13
DATETIME
QUASI
2 January 2007
NOT_CONFIDENTIAL
check
001-96442_a1_e14
001-96442_a1_em14
ORG
QUASI
Jelenia Góra Regional Court
NOT_CONFIDENTIAL
insert
001-96442_a1_e15
001-96442_a1_em15
QUANTITY
QUASI
14 accused
NOT_CONFIDENTIAL
check
001-96442_a1_e16
001-96442_a1_em16
DATETIME
QUASI
9 March 2007
NOT_CONFIDENTIAL
check
001-96442_a1_e14
001-96442_a1_em17
ORG
QUASI
Jelenia Góra Regional Court
NOT_CONFIDENTIAL
check
001-96442_a1_e17
001-96442_a1_em18
ORG
QUASI
Zielona Góra Regional Court
NOT_CONFIDENTIAL
insert
001-96442_a1_e18
001-96442_a1_em19
DATETIME
QUASI
22 June 2007
NOT_CONFIDENTIAL
correct
001-96442_a1_e19
001-96442_a1_em20
ORG
QUASI
Zielona Góra Regional Prosecutor
NOT_CONFIDENTIAL
check
001-96442_a1_e20
001-96442_a1_em21
DATETIME
QUASI
23 January 2008
NOT_CONFIDENTIAL
check
001-96442_a1_e21
001-96442_a1_em22
DATETIME
QUASI
22 January 2008
NOT_CONFIDENTIAL
check
001-96442_a1_e22
001-96442_a1_em23
DATETIME
QUASI
28 February 2008
NOT_CONFIDENTIAL
check
001-96442_a1_e23
001-96442_a1_em24
DATETIME
QUASI
15 April 2008
NOT_CONFIDENTIAL
check
001-96442_a1_e24
001-96442_a1_em25
DATETIME
QUASI
20 May 2008
NOT_CONFIDENTIAL
check
001-96442_a1_e25
001-96442_a1_em26
DATETIME
QUASI
21 May 2008
NOT_CONFIDENTIAL
check
001-96442_a1_e26
001-96442_a1_em27
DATETIME
QUASI
August 2009
NOT_CONFIDENTIAL
check
001-96442_a1_e27
001-96442_a1_em28
DATETIME
QUASI
16 June 2008
NOT_CONFIDENTIAL
check
001-96442_a1_e28
001-96442_a1_em29
ORG
QUASI
Poznań Court of Appeal
NOT_CONFIDENTIAL
check
001-96442_a1_e17
001-96442_a1_em30
ORG
QUASI
Zielona Góra Regional Court
NOT_CONFIDENTIAL
insert
001-96442_a1_e29
001-96442_a1_em31
QUANTITY
QUASI
10,000 Polish zlotys (PLN)
NOT_CONFIDENTIAL
insert
001-96442_a1_e30
001-96442_a1_em32
QUANTITY
QUASI
2,500 euros (EUR)
NOT_CONFIDENTIAL
check
001-96442_a1_e31
001-96442_a1_em33
DATETIME
QUASI
19 June 2008
NOT_CONFIDENTIAL
check
001-96442_a1_e28
001-96442_a1_em34
ORG
QUASI
Poznań Court of Appeal
NOT_CONFIDENTIAL
check
001-96442_a1_e17
001-96442_a1_em35
ORG
QUASI
Zielona Góra Regional Court
NOT_CONFIDENTIAL
check
001-96442_a1_e32
001-96442_a1_em36
DATETIME
QUASI
26 March 2007
NOT_CONFIDENTIAL
check
001-96442_a1_e33
001-96442_a1_em37
DATETIME
QUASI
5 December 2007
Krzysztof Kulik
POL
CHAMBER
Task: Annotate the document to anonymise the following person: Krzysztof Kulik