FIRST SECTION

DECISION

Application no. 51924/19 Teofil KWITOWSKI against Poland

(see appended table)

The European Court of Human Rights (First Section), sitting on 2 June 2022 as a Committee composed of:

Alena Poláčková, President, Raffaele Sabato, Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 27 September 2019,

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’s 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”).

On 7 June 2021 the Government informed the Court’s Registry that the applicant had died on 31 May 2020. On 23 June 2021 the applicant’s wife, Ms Jadwiga Kwitowska, and his two sons, Mr Adam Kwitowski and Ireneusz Kwitowski, stated that they wished to continue the proceedings before the Court in their late husband’s and father’s stead, respectively. They appointed Mr Korczyński , a lawyer practicing in Poznań, to represent them before the Court. Jadwiga Kwitowska, Adam Kwitowski and Ireneusz Kwitowski are the applicant’s sole heirs as confirmed by a deed of succession of 21 July 2021.

The respondent Government did not object to the applicant’s heirs’ wish to pursue the application.

The Court reiterates that it has accepted on a number of occasions that close relatives of a deceased applicant may be entitled to take his or her place (see, inter alia, Goc v. Poland (dec.), no. 48001/99, 23 October 2001). In the present case, the Court accepts that the applicant’s wife and two sons can pursue the application in his stead.

THE LAW

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 the criminal proceedings and the lack of any effective remedy in domestic law. They offered to pay the applicant’s three heirs jointly the amount 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 amount 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 this amount within the above-mentioned three-month period, the Government undertook to pay simple interest on it, 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’s heirs were 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 them 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 criminal proceedings (see, for example, Rutkowski and Others v. Poland, nos. 72287/10 and 2 others, 7 July 2015).

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 against Poland – the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c); see also the conclusions reached in the first group of cases submitted in the pilot-judgment procedure, Załuska and Rogalska v. Poland and 398 other applications (dec.), nos. 53491/10 and 72286/10, §§ 48-55, 20 June 2017).

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 case out of the list.

For these reasons, the Court, unanimously,

Holds that the applicant’s heirs (as indicated in the table attached below) have standing to pursue the proceedings in his stead;

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 23 June 2022.

Viktoriya Maradudina Alena Poláčková Acting Deputy Registrar President

APPENDIX

Application 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)

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of applicant’s comments,

if any

Amount awarded for pecuniary and non ‑ pecuniary damage and costs and expenses

(in euros) [1]

51924/19

27/09/2019

Teofil KWITOWSKI

1954Died in 2020

Heirs:

Jadwiga KWITOWSKA

Adam KWITOWSKI

Ireneusz KWITOWSKI

Korczyński Dawid

Poznań

04/02/2022

16/03/2022

5,580 (jointly)

[1] Plus any tax that may be chargeable to the applicant.