THIRD SECTION

FINAL DECISION

AS TO THE ADMISSIBILITY OF

Application no. 38663/97 by Janusz PANEK against Poland

The European Court of Human Rights (Third Section) , sitting on 5 September 2002 as a Chamber composed of

Mr G. Ress , President , Mr L. Caflisch , Mr P. Kūris , Mr R. Türmen , Mr J. Hedigan , Mrs H.S. Greve , Mr L. Garlicki , judges , and Mr V. Berger , Section Registrar ,

Having regard to the above application lodged with the European Commission of Human Rights on 20 March 1997 and registered on 19 November 1997,

Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which competence to examine the application was transferred to the Court,

Having regard to the partial decision of 30 November 2000,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

THE FACTS

The applicant, Janusz Panek, is a Polish national, who was born in 1965 . He is currently detained in a prison in Czarne , Poland.

The facts of the case, as submitted by the parties, may be summarised as follows.

A. Facts prior to 1 May 1993

On 6 February 1992 the applicant was arrested on suspicion of murder, grievous bodily harm, and insulting and assaulting policemen.

On 8 February 1992 the Gdańsk District Prosecutor ( Prokurator Rejonowy ) brought criminal charges against him.

On 6 July 1992 prosecution authorities lodged with the Gdańsk Regional Court ( Sąd Wojewódzki ) a bill of indictment against him.

The trial began on 29 January 1992.

From 29 January 1992 to 1 May 1993 no hearing was held.

B. Facts after 30 April 1993

A hearing listed for 18 June 1993 was adjourned until 21 September 1993. A further hearing, listed for 21 September 1993, was adjourned because the judge rapporteur was ill. The next hearing, scheduled for 12 October 1993, was cancelled because the judge rapporteur was hospitalised.

On 10 January 1994 the case was assigned to another panel of judges as the presiding judge rapporteur resigned from his function.

On 15 March 1994 the hearing was re-opened.

The subsequent hearings were held on 22 March, 18 May, 12 July and 26 September 1994 and on 10 January 1995.

On 13 January 1995 the Gdańsk Regional Court pronounced its judgment . It convicted the applicant as indicted, except for the count alleging the murder of which he was acquitted. The court sentenced him to five years’ imprisonment. On 3 July 1995 the prosecutor lodged an appeal against that judgment , contesting its part relating to the acquittal.

On 12 October 1995 the Gdańsk Court of Appeal ( Sąd Apelacyjny ) quashed the contested part of the first-instance court’s judgment and remitted the case for re-examination.

The court held hearings on 13 March and 15 May 1996. A hearing scheduled for 8 July 1996 was adjourned until 14 October 1996. A further hearing, listed for 14 October 1996, was cancelled because the judge rapporteur was ill. The subsequent hearing was held on 6 November 1996.

On 13 December 1996 the Gdańsk Regional Court convicted the applicant of murder with an oblique intent ( w zamiarze ewentualnym ) and sentenced him to nine years’ imprisonment. The applicant lodged an appeal against that judgment .

On 18 June 1997 the Gdańsk Court of Appeal modified the judgment in that it convicted the applicant of grievous bodily harm with deadly effect and sentenced him to seven years’ imprisonment.

In the letter of 1 July 1997 the applicant’s legal aid lawyer informed him that he refused to lodge a cassation appeal against that judgment , arguing that there was no indication of any breach of substantive or procedural law. He explained that lodging that appeal would only delay the proceedings concerning a cumulative penalty ( kara łączna ) and, afterwards, proceedings concerning the applicant’s conditional release.

On 13 July 1998 the Gdańsk Regional Court delivered a judgment in which it sentenced the applicant to ten years’ imprisonment as the cumulative penalty for the convictions included in the judgments of 13 January 1995, 13 December 1996 and 27 May 1992 (delivered in the course of other criminal proceedings).

THE LAW

According to the applicant, the criminal proceedings began on 6 February 1992 and ended on 13 July 1998. They therefore lasted 6 years, 5 months and 7 days, out of which the period of 5 years, 2 months and 13 days falls within the Court’s jurisdiction ratione temporis (see, mutatis mutandis , the Eckle v. Germany judgment of 15 July 1982, Series A no. 51, §§ 76-77).

According to the applicant, the length of the proceedings is in breach of the “reasonable time” requirement laid down in Article 6 § 1 of the Convention. The Government reject the allegation.

The Court considers, in the light of the criteria established in its case-law on the question of “reasonable time” (the complexity of the case, the applicant’s conduct and that of the competent authorities), and having regard to all the information in its possession, that an examination of the merits of this complaint is required.

For these reasons, the Court unanimously

Declares the application admissible, without prejudging the merits of the case.

Vincent Berger Georg Ress Registrar President